Sélection de la langue

Search

Sommaire du brevet 3048833 

Énoncé de désistement de responsabilité concernant l'information provenant de tiers

Une partie des informations de ce site Web a été fournie par des sources externes. Le gouvernement du Canada n'assume aucune responsabilité concernant la précision, l'actualité ou la fiabilité des informations fournies par les sources externes. Les utilisateurs qui désirent employer cette information devraient consulter directement la source des informations. Le contenu fourni par les sources externes n'est pas assujetti aux exigences sur les langues officielles, la protection des renseignements personnels et l'accessibilité.

Disponibilité de l'Abrégé et des Revendications

L'apparition de différences dans le texte et l'image des Revendications et de l'Abrégé dépend du moment auquel le document est publié. Les textes des Revendications et de l'Abrégé sont affichés :

  • lorsque la demande peut être examinée par le public;
  • lorsque le brevet est émis (délivrance).
(12) Brevet: (11) CA 3048833
(54) Titre français: MOLECULES D'ACIDE NUCLEIQUE REGULATRICES POUR L'AMPLIFICATION DE L'EXPRESSION GENETIQUE SPECIFIQUE DES GRAINES ET/OU PREFERENTIELLE DANS LES GRAINES DANS DES PLANTES
(54) Titre anglais: REGULATORY NUCLEIC ACID MOLECULES FOR ENHANCING SEED-SPECIFIC AND/OR SEED-PREFERENTIAL GENE EXPRESSION IN PLANTS
Statut: Réputé périmé
Données bibliographiques
(51) Classification internationale des brevets (CIB):
  • C12N 15/82 (2006.01)
  • A1H 5/00 (2018.01)
  • C12N 5/10 (2006.01)
  • C12N 15/113 (2010.01)
  • C12N 15/67 (2006.01)
(72) Inventeurs :
  • KUHN, JOSEF MARTIN (Allemagne)
  • LOYALL, LINDA PATRICIA (Allemagne)
  • SIEBERT, MALTE (Allemagne)
  • DUWENIG, ELKE (Allemagne)
(73) Titulaires :
  • BASF PLANT SCIENCE COMPANY GMBH
(71) Demandeurs :
  • BASF PLANT SCIENCE COMPANY GMBH (Allemagne)
(74) Agent: ROBIC AGENCE PI S.E.C./ROBIC IP AGENCY LP
(74) Co-agent:
(45) Délivré: 2022-10-18
(22) Date de dépôt: 2010-08-11
(41) Mise à la disponibilité du public: 2011-03-03
Requête d'examen: 2019-07-08
Licence disponible: S.O.
Cédé au domaine public: S.O.
(25) Langue des documents déposés: Anglais

Traité de coopération en matière de brevets (PCT): Non

(30) Données de priorité de la demande:
Numéro de la demande Pays / territoire Date
09169017.2 (Office Européen des Brevets (OEB)) 2009-08-31
61/238,233 (Etats-Unis d'Amérique) 2009-08-31

Abrégés

Abrégé français

Il est décrit le domaine de la biologie moléculaire végétale et porte sur des procédés pour la production de promoteurs d'expression élevée spécifiques des graines et/ou préférentiels pour les graines et sur la production de plantes présentant une expression amplifiée spécifique des graines et/ou préférentielle dans les graines d'acides nucléiques, des acides nucléiques amplifiant l'expression d'acides nucléiques étant liés de façon fonctionnelle auxdits promoteurs et/ou introduits dans des plantes.


Abrégé anglais

The present invention is in the field of plant molecular biology and provides methods for production of high expressing seed-specific and/or seed-preferential promoters and the production of plants with enhanced seed-specific and/or seed-preferential expression of nucleic acids wherein nucleic acid expression enhancing nucleic acids (NEENAs) are functionally linked to said promoters and/or introduced into plants.

Revendications

Note : Les revendications sont présentées dans la langue officielle dans laquelle elles ont été soumises.


50
What is claimed is:
1. A method for production of a high expression seed-specific and/or seed-
preferential
plant promoter, the method comprising functionally linking a seed-specific
and/or seed-preferen-
tial promoter to one or more nucleic acid expression enhancing nucleic acid
(NEENA) molecule
heterologous to said promoter, wherein the NEENA molecule comprises:
i) the nucleic acid sequence of SEQ ID NO: 2;
ii) a nucleic acid sequence at least 98% identical to the full length of SEQ
ID NO: 2;
wherein expression derived from the promoter, when functionally linked to the
NEENA molecule
and to a nucleic acid molecule to be expressed, is at least 50% higher at the
RNA level than the
expression obtained from the promoter lacking the NEENA molecule, and
wherein the NEENA molecule is functionally linked 2500 base pairs or less away
from the tran-
scription start site of said nucleic acid molecule to be expressed.
2. A method for producing a plant or part thereof having increased seed-
specific and/or
seed-preferential expression of one or more nucleic acid molecule to be
expressed, as com-
pared to a respective control plant or part thereof, the method comprising:
a) introducing into the plant or part thereof one or more of the NEENA
molecule as de-
fined in claim 1; and
b) functionally linking said one or more NEENA molecule to a seed-specific
and/or seed-
preferential promoter and to a nucleic acid molecule to be expressed under the
con-
trol of said promoter,
wherein the NEENA molecule is heterologous to said nucleic acid molecule to be
expressed
and is functionally linked 2500 base pairs or less away from the transcription
start site of said
nucleic acid molecule to be expressed, and
wherein expression derived from the promoter functionally linked to the NEENA
molecule is at
least 50% higher at the RNA level than expression obtained from the promoter
lacking the
NEENA molecule.
3. The method of claim 2 comprising:
a) introducing the one or more NEENA molecule as defined in claim 1 into a
plant or
part thereof;
b) integrating said one or more NEENA molecule into the genome of said
plant or part
thereof whereby said one or more NEENA molecule is functionally linked to an
en-
dogenous seed-specific and/or seed-preferential expressed nucleic acid
molecule
heterologous to said one or more NEENA molecule; and
Date Recue/Date Received 2021-10-14

51
c) regenerating a plant or part thereof comprising said one or more
NEENA molecule
from said transformed plant or part thereof.
4. The method of claim 2 or 3 comprising:
a) providing an expression construct comprising one or more NEENA molecule as
de-
fined in claim 1 functionally linked to a seed-specific and/or seed-
preferential pro-
moter and to one or more nucleic acid molecule to be expressed, the latter
being
heterologous to said one or more NEENA molecule and which is under the control
of said seed-specific and/or seed-preferential promoter;
b) integrating said expression construct comprising said one or more NEENA
molecule
into the genome of said plant or part thereof; and
c) regenerating a plant or part thereof comprising said one or more
expression con-
struct from said transformed plant or part thereof.
5. The method of any one of claims 2 to 4, wherein the plant is a
monocot or dicot plant.
6. The method of claim 5, wherein the plant is a dicot plant.
7. The method of claim 5, wherein the plant is a monocot plant.
8. The method of any one of claims 1 to 7, wherein said one or more
NEENA molecule is
functionally linked to a seed-specific and/or seed-preferential promoter
upstream of the transla-
tional start site of the nucleic acid molecule to be expressed under the
control of said seed-spe-
cific and/or seed-preferential promoter.
9. The method of any one of claims 1 to 8, wherein said one or more
NEENA molecule is
functionally linked to the seed-specific and/or seed-preferential promoter
within a 5'UTR of the
nucleic acid molecule to be expressed under the control of said seed-specific
and/or seed-pref-
erential promoter.
10. A recombinant expression construct comprising one or more NEENA
molecule as de-
fined in claim 1 functionally linked to one or more seed-specific and/or seed-
preferential pro-
moter and one or more nucleic acid molecule to be expressed, wherein both the
promoter and
the nucleic acid molecule to be expressed are heterologous to said one or more
NEENA mole-
cule, and wherein said one or more NEENA molecule is functionally linked 2500
base pairs or
less away from the transcription start site of said one or more nucleic acid
molecule to be ex-
pressed.
Date Recue/Date Received 2021-10-14

52
11. A recombinant expression vector comprising one or more recombinant
expression con-
struct as defined in claim 10.
12. A transgenic cell comprising the recombinant expression vector as
defined in claim 11 or
the recombinant expression construct as defined in claim 10.
13. The transgenic cell of claim 12, which is a bacteria, fungi, yeast or
plant cell.
14. The transgenic cell of claim 13, wherein said plant cell is derived
from a dicotyledonous
plant.
15. The cell of claim 13, wherein said plant cell is derived from a
monocotyledonous plant.
16. A transgenic cell culture derived from the transgenic cell as defined
in any one of claims
12 to 15, said transgenic cell culture comprising transgenic cells comprising
the recombinant ex-
pression construct as defined in claim 10, or the recombinant vector as
defined in claim 11, sta-
bly integrated into the genome of the transgenic cells.
17. Use of the NEENA molecule as defined in claim 1, the recombinant
construct as defined
in claim 10, or the recombinant vector as defined in claim 11, for increasing
expression of said
nucleic acid molecule to be expressed at the RNA level in plants or parts
thereof, as compared
to a corresponding nucleic acid molecule lacking said NEENA molecule.
18. Use of a transgenic cell culture, transgenic seed, transgenic plant,
parts or propagation
material derived from the transgenic cell as defined in any one of claims 12
to 15, for the pro-
duction of foodstuffs, animal feeds, seeds, pharmaceuticals or fine chemicals,
wherein said
transgenic cell culture, transgenic seed, transgenic plant, parts or
propagation material com-
prises transgenic cells comprising, the recombinant expression construct as
defined in claim 10,
or the recombinant vector as defined in claim 11, stably integrated into the
genome of the trans-
genic cells.
Date Recue/Date Received 2021-10-14

Description

Note : Les descriptions sont présentées dans la langue officielle dans laquelle elles ont été soumises.


CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
1
Regulatory nucleic acid molecules for enhancing seed-specific and/or seed-
preferential gene
expression in plants
Description of the Invention
The present invention is in the field of plant molecular biology and provides
methods for produc-
tion of high expressing seed-specific and/or seed-preferential promoters and
the production of
plants with enhanced seed-specific and/or seed-preferential expression of
nucleic acids wherein
nucleic acid expression enhancing nucleic acids (NEENAs) are functionally
linked to said pro-
moters and/or introduced into plants.
Expression of transgenes in plants is strongly affected by various external
and internal factors
resulting in a variable and unpredictable level of transgene expression. Often
a high number of
transformants have to be produced and analyzed in order to identify lines with
desirable expres-
sion strength. As transformation and screening for lines with desirable
expression strength is
costly and labor intensive there is a need for high expression of one or more
transgenes in a
plant. This problem is especially pronounced, when several genes have to be
coordinately ex-
pressed in a transgenic plant in order to achieve a specific effect as a plant
has to be identified
in which each and every gene is strongly expressed.
For example, expression of a transgene can vary significantly, depending on
construct design
and positional effects of the T-DNA insertion locus in individual
transformation events. Strong
promoters can partially overcome these challenges. However, availability of
suitable promoters
showing strong expression with the desired specificity is often limited. In
order to ensure avail-
ability of sufficient promoters with desired expression specificity, the
identification and charac-
terization of additional promoters can help to close this gap. However,
natural availability of
promoters of the respective specificity and strength and the time consuming
characterization of
promoter candidates impedes the identification of suitable new promoters.
In order to overcome these challenges, diverse genetic elements and/or motifs
have been
shown to positively affect gene expression. Among these, some introns have
been recognized
as genetic elements with a strong potential for improving gene expression.
Although the
mechanism is largely unknown, it has been shown that some introns positively
affect the steady
state amount of mature mRNA, possibly by enhanced transcriptional activity,
improved mRNA
maturation, enhanced nuclear rriliNA export and/or improved translation
initiation (e.g. Huang
and Gorman, 1990; Le Hir et al., 2003; Nott et al., 2004). Since only selected
introns were
shown to increase expression, splicing as such is likely not accountable for
the observed ef-
fects.
The increase of gene expression observed upon functionally linking introns to
promoters is
called intron mediated enhancement (IME) of gene expression and has been shown
in various
monocotyledonous (e.g. Callis et al., 1987; Vasil et al., 1989; Bruce et al.,
1990; Lu et al., 2008)
and dicotyledonous plants (e.g. Chung et al., 2006; Kim et al., 2006; Rose et
al., 2008). In this
respect, the position of the intron in relation to the translational start
site (ATG) was shown to be
crucial for intron mediated enhancement of gene expression (Rose et al.,
2004).
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
2
Next to their potential for enhancing gene expression, few introns were shown
to also affect the
tissue specificity in their native nucleotide environment in plants. Reporter
gene expression was
found to be dependent on the presence of genomic regions containing up to two
introns (Sie-
burth et al., 1997; Wang et al., 2004). 5' UTR introns have also been reported
to be of impor-
tance for proper functionality of promoter elements, likely due to tissue
specific gene control
elements residing in the introns (Fu et al.,1995a; Fu et al., 1995b; Vitale at
al., 2003; Kim et al.,
2006). However, these studies also show that combination of introns with
heterologous promot-
ers can have strong negative impacts on strength and/or specificity of gene
expression (Vitale
et al., 2003; Kim et al., 2006, W02006/003186, W02007/098042). For example the
strong con-
stitutive Cauliflower Mosaic Virus CaMV35S promoter is negatively affected
through combina-
tion with the sesame SeFAD2 5'UTR intron (Kim et al., 2006). In contrast to
these observations,
some documents show enhanced expression of a nucleic acid by IME without
affecting the tis-
sue specificity of the respective promoter (Schlinmann et al., 2004). lntrons
or NEENAs that
enhance seed-specific and/or seed-preferential expression when functionally
linked to a het-
erologous promoter have not been shown in the art.
In the present application further nucleic acid molecules are described that
enhance the expres-
sion of said promoters without affecting their specificity upon functionally
linkage to seed-
specific and/or seed-preferential promoters. These nucleic acid molecules are
in the present
application described as "nucleic acid expression enhancing nucleic acids"
(NEENA). Introns
have the intrinsic feature to be spliced out of the respective pre-mRNA. In
contrast to that the
nucleic acids presented in the application at hand, do not necessarily have to
be included in the
mRNA or, if present in the mRNA, have not necessarily to be spliced out of the
mRNA in order
to enhance the expression derived from the promoter the NEENAs are
functionally linked to.
Detailed description of the Invention
A first embodiment of the invention comprises a method for production of a
high expression
seed-specific and/or seed-preferential promoter comprising functionally
linking to a promoter
one or more nucleic acid expression enhancing nucleic acid (NEENA) molecule
comprising
i) the nucleic acid molecule having a sequence as defined in any of SEQ ID NO:
Ito 15, or
ii) a nucleic acid molecule having a sequence with an identity of 80% or more
to any of the se-
quences as defined by SEQ ID NO:1 to 15, preferably, the identity is 85% or
more, more pref-
erably the identity is 90% or more, even more preferably, the identity is 95%
or more, 96% or
.. more, 97% or more, 98% or more or 99% or more, in the most preferred
embodiment, the iden-
tity is 100% to any of the sequences as defined by SEQ ID NO:1 to 15 or
iii) a fragment of 100 or more consecutive bases, preferably 150 or more
consecutive bases,
more preferably 200 consecutive bases or more even more preferably 250 or more
consecutive
bases of a nucleic acid molecule of i) or ii) which has an expressing
enhancing activity, for ex-
ample 65% or more, preferably 70% or more, more preferably 75% or more, even
more pref-
erably 80% or more, 85% or more or 90% or more, in a most preferred embodiment
it has 95%
or more of the expression enhancing activity as the corresponding nucleic acid
molecule having
the sequence of any of the sequences as defined by SEQ ID NO:1 to 15, or
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
3
iv) a nucleic acid molecule which is the complement or reverse complement of
any of the previ-
ously mentioned nucleic acid molecules under i) to iii), or
v) a nucleic acid molecule which is obtainable by PCR using oligonucleotide
primers described
by SEQ ID NO: 20 to 29, 34 to 41, 44 to 51 and 54 to 57 as shown in Table 2 or
vi) a nucleic acid molecule of 100 nucleotides or more, 150 nucleotides or
more, 200 nucleo-
tides or more or 250 nucleotides or more, hybridizing under conditions
equivalent to hybridiza-
tion in 7% sodium dodecyl sulfate (SDS), 0.5 M NaPO4, 1 mM EDTA at 50 C with
washing in 2
X SSC, 0.1% SDS at 50 C or 65 C, preferably 65 C to a nucleic acid molecule
comprising at
least 50, preferably at least 100, more preferably at least 150, even more
preferably at least
200, most preferably at least 250 consecutive nucleotides of a transcription
enhancing nucleo-
tide sequence described by SEQ ID NO:1 to 15 or the complement thereof.
Preferably, said
nucleic acid molecule is hybridizing under conditions equivalent to
hybridization in 7% sodium
dodecyl sulfate (SDS), 0.5 M NaPO4, 1 mM EDTA at 50 C with washing in 1 X SSC,
0.1% SDS
at 50 C or 65 C, preferably 65 C to a nucleic acid molecule comprising at
least 50, preferably at
least 100, more preferably at least 150, even more preferably at least 200,
most preferably at
least 250 consecutive nucleotides of a transcription enhancing nucleotide
sequence described
by SEQ ID NO:1 to 15 or the complement thereof, more preferably, said nucleic
acid molecule
is hybridizing under conditions equivalent to hybridization in 7% sodium
dodecyl sulfate (SDS),
0.5 M NaPO4, 1 mM EDTA at 50 C with washing in 0,1 X SSC, 0.1% SDS at 50 C or
65 C,
preferably 65 C to a nucleic acid molecule comprising at least 50, preferably
at least 100, more
preferably at least 150, even more preferably at least 200, most preferably at
least 250 con-
secutive nucleotides of a transcription enhancing nucleotide sequence
described by any of the
sequences as defined by SEQ ID NO:1 to 15 or the complement thereof.
In one embodiment, the one or more NEENA is heterologous to the promoter to
which it is func-
tionally linked.
As described above under v) the nucleic acid molecule obtainable by PCR using
oligonucleo-
tides as defined by SEQ IDs 20 to 29, 34 to 41, 44 to 51 and 54 to 57 as shown
in Table 2 is
obtainable for example from genomic DNA from Arabidopsis plants such as A.
thaliana using
the conditions as described in Example 1 below.
The skilled person is aware of variations in the temperature profile, cycle
number and/or buffer
composition or concentration to obtain the respective NEENA molecule. The
specific combina-
tion of oligonucleotides to be used in the respective PCR reaction for
obtaining a respective
NEENA molecule is described in Table 2.
A person skilled in the art is aware of methods for rendering a unidirectional
to a bidirectional
promoter and of methods to use the complement or reverse complement of a
promoter se-
quence for creating a promoter having the same promoter specificity as the
original sequence.
Such methods are for example described for constitutive as well as inducible
promoters by Xie
et al. (2001) "Bidirectionalization of polar promoters in plants" nature
biotechnology 19 pages
677 ¨ 679. The authors describe that it is sufficient to add a minimal
promoter to the 5' prime
end of any given promoter to receive a promoter controlling expression in both
directions with
same promoter specificity. Hence a high expression promoter functionally
linked to a NEENA as
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
4
described above is functional in complement or reverse complement and
therefore the NEENA
is functional in complement or reverse complement too.
In principal the NEENA may be functionally linked to any promoter such as
tissue specific, in-
ducible, developmental specific or constitutive promoters. The respective
NEENA will lead to an
enhanced seed-specific and/or seed-preferential expression of the heterologous
nucleic acid
under the control of the respective promoter to which the one or more NEENA is
functionally
linked to. The enhancement of expression of promoters other than seed-specific
and/or seed-
preferential promoters, for example constitutive promoters or promoters with
differing tissue
specificity, will render the specificity of these promoters. Expression of the
nucleic acid under
control of the respective promoter will be significantly increased in seeds,
where the transcript of
said nucleic acid may have not or only weakly been detected without the NEENA
functionally
linked to its promoter. Hence, tissue- or developmental specific or any other
promoter may be
rendered to seed-specific and/or seed-preferential promoters by functionally
linking one or more
of the NEENA molecules as described above to said promoter. It is therefore
another embodi-
ment of the invention to provide a method for rendering the specificity of any
given promoter
functional in plant to a seed-specific and/or seed preferential promoter by
linking the respective
promoter to a NEENA molecule comprising a sequence as described above under i)
to vi).
Preferably, the one or more NEENA is functionally linked to any seed-specific
and/or seed-
preferential promoter and will enhance expression of the nucleic acid molecule
under control of
said promoter. Seed-specific and/or seed-preferential promoters to be used in
any method of
the invention may be derived from plants, for example monocotyledonous or
dicotyledonous
plants, from bacteria and/or viruses or may be synthetic promoters. Seed
specific and/or seed-
preferential promoters to be used are for example the SBP-promoter from Vicia
faba, the Un-
known Seed Protein-promoter (USP) from Vicia faba, the napin promoter from
Brassica napus,
the conlinin-promoter from Linum usitatissmum, the promoter from the
A.thaliana gene
At5g01670 encoding the peroxiredoxin like protein, the promoter of the
peroxiredoxin like pro-
tein from Linum usitatissmum, the globulin like protein promoter from Brassica
napus, the ar-
ce1in5-1 promoter from Phaseolus vulgaris, the Zein promoter from Zea maize,
the globulin
promoter from Zea maize, the pKG86 promoter from Zea maize as described in
Example 6 be-
low and the like.
The high expression seed-specific and/or seed-preferential promoters of the
invention function-
ally linked to a NEENA may be employed in any plant comprising for example
moss, fern, gym-
nosperm or angiosperm, for example monocotyledonous or dicotyledonous plant.
In a preferred
embodiment said promoter of the invention functionally linked to a NEENA may
be employed in
monocotyledonous or dicotyledonous plants, preferably crop plant such as corn,
soy, canola,
cotton, potato, sugar beet, rice, wheat, sorghum, barley, musa, sugarcane,
miscanthus and the
like. In a preferred embodiment of the invention, said promoter which is
functionally linked to a
NEENA may be employed in monocotyledonous crop plants such as corn, rice,
wheat, sor-
ghum, barley, musa, miscanthus or sugarcane. In an especially preferred
embodiment the pro-
moter functionally linked to a NEENA may be employed in dicotyledonous crop
plants such as
soy, canola, cotton or potato.
A high expressing seed-specific and/or seed-preferential promoter as used in
the application
means for example a promoter which is functionally linked to a NEENA causing
enhanced seed-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
specific and/or seed-preferential expression of the promoter in a plant seed
or part thereof
wherein the accumulation of RNA or rate of synthesis of RNA in seeds derived
from the nucleic
acid molecule under the control of the respective promoter functionally linked
to a NEENA is
higher, preferably significantly higher than the expression in seeds caused by
the same pro-
5 moter lacking a NEENA of the invention. Preferably the amount of RNA of
the respective nucleic
acid and/or the rate of RNA synthesis and/or the RNA stability in a plant is
increased 50% or
more, for example 100% or more, preferably 200% or more, more preferably 5
fold or more,
even more preferably 10 fold or more, most preferably 20 fold or more for
example 50 fold com-
pared to a control plant of same age grown under the same conditions
comprising the same
.. seed-specific and/or seed-preferential promoter the latter not being
functionally linked to a
NEENA of the invention.
When used herein, significantly higher refers to statistical significance the
skilled person is
aware how to determine, for example by applying statistical tests such as the
t-test to the re-
spective data sets.
.. Methods for detecting expression conferred by a promoter are known in the
art. For example,
the promoter may be functionally linked to a marker gene such as GUS, GFP or
luciferase and
the activity of the respective protein encoded by the respective marker gene
may be determined
in the plant or part thereof. As a representative example, the method for
detecting luciferase is
described in detail below. Other methods are for example measuring the steady
state level or
.. synthesis rate of RNA of the nucleic acid molecule controlled by the
promoter by methods
known in the art, for example Northern blot analysis, qPCR, run-on assays or
other methods
described in the art.
A skilled person is aware of various methods for functionally linking two or
more nucleic acid
molecules. Such methods may encompass restriction/ligation, ligase independent
cloning, re-
combineering, recombination or synthesis. Other methods may be employed to
functionally link
two or more nucleic acid molecules.
A further embodiment of the present invention is a method for producing a
plant or part thereof
with, compared to a respective control plant or part thereof, enhanced seed-
specific and/or
seed-preferential expression of one or more nucleic acid molecule comprising
the steps of in-
troducing into the plant or part thereof one or more NEENA comprising a
nucleic acid molecule
as defined above under i) to vi) and functionally linking said one or more
NEENA to a promoter,
preferably a seed-specific and/or seed-preferential promoter and to a nucleic
acid molecule
being under the control of said promoter, preferably seed-specific and/or seed-
preferential
promoter, wherein the NEENA is heterologous to said nucleic acid molecule.
The NEENA may be heterologous to the nucleic acid molecule which is under the
control of said
promoter to which the NEENA is functionally linked or it may be heterologous
to both the pro-
moter and the nucleic acid molecule under the control of said promoter.
The term "heterologous" with respect to a nucleic acid molecule or DNA refers
to a nucleic acid
molecule which is operably linked to, or is manipulated to become operably
linked to, a second
nucleic acid molecule to which it is not operably linked in nature, or to
which it is operably linked
at a different location in nature. For example, a NEENA of the invention is in
its natural envi-
ronment functionally linked to its native promoter, whereas in the present
invention it is linked to
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
6
another promoter which might be derived from the same organism, a different
organism or
might be a synthetic promoter. It may also mean that the NEENA of the present
invention is
linked to its native promoter but the nucleic acid molecule under control of
said promoter is het-
erologous to the promoter comprising its native NEENA. It is in addition to be
understood that
the promoter and/or the nucleic acid molecule under the control of said
promoter functionally
linked to a NEENA of the invention are heterologous to said NEENA as their
sequence has
been manipulated by for example mutation such as insertions, deletions and the
forth so that
the natural sequence of the promoter and/or the nucleic acid molecule under
control of said
promoter is modified and therefore have become heterologous to a NEENA of the
invention. It
may also be understood that the NEENA is heterologous to the nucleic acid to
which it is func-
tionally linked when the NEENA is functionally linked to its native promoter
wherein the position
of the NEENA in relation to said promoter is changed so that the promoter
shows higher ex-
pression after such manipulation.
A plant exhibiting enhanced seed-specific and/or seed-preferential expression
of a nucleic acid
molecule as meant herein means a plant having a higher, preferably
statistically significant
higher seed-specific and/or seed-preferential expression of a nucleic acid
molecule compared to
a control plant grown under the same conditions without the respective NEENA
functionally
linked to the respective nucleic acid molecule. Such control plant may be a
wild-type plant or a
transgenic plant comprising the same promoter controlling the same gene as in
the plant of the
invention wherein the promoter is not linked to a NEENA of the invention.
Producing a plant as used herein comprises methods for stable transformation
such as intro-
ducing a recombinant DNA construct into a plant or part thereof by means of
Agrobacterium
mediated transformation, protoplast transformation, particle bombardment or
the like and op-
tionally subsequent regeneration of a transgenic plant. It also comprises
methods for transient
transformation of a plant or part thereof such as viral infection or
Agrobacterium infiltration. A
skilled person is aware of further methods for stable and/or transient
transformation of a plant or
part thereof. Approaches such as breeding methods or protoplast fusion might
also be em-
ployed for production of a plant of the invention and are covered herewith.
The method of the invention may be applied to any plant, for example
gymnosperm or angio-
sperm, preferably angiosperm, for example dicotyledonous or monocotyledonous
plants, pref-
erably dicotyledonous plants. Preferred monocotyledonous plants are for
example corn, wheat,
rice, barley, sorghum, musa, sugarcane, miscanthus and brachypodium,
especially preferred
monocotyledonous plants are corn, wheat and rice. Preferred dicotyledonous
plants are for ex-
ample soy, rape seed, canola, linseed, cotton, potato, sugar beet, tagetes and
Arabidopsis, es-
pecially preferred dicotyledonous plants are soy, rape seed, canola and potato
In one embodiment of the invention, the methods as defined above are
comprising the steps of
a) introducing the one or more NEENA comprising a nucleic acid molecule as
defined above in
i) to vi) into a plant or part thereof and
b) integrating said one or more NEENA into the genome of said plant or part
thereof whereby
said one or more NEENA is functionally linked to an endogenous preferably seed-
specific
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
7
and/or seed-preferential expressed nucleic acid heterologous to said one or
more NEENA and
optionally
C) regenerating a plant or part thereof comprising said one or more NEENA from
said trans-
formed cell.
The one or more NEENA molecule may be introduced into the plant or part
thereof by means of
particle bombardment, protoplast electroporation, virus infection,
Agrobacterium mediated trans-
formation or any other approach known in the art. The NEENA molecule may be
introduced
integrated for example into a plasmid or viral DNA or viral RNA. The NEENA
molecule may also
be comprised on a BAG, YAC or artificial chromosome prior to introduction into
the plant or part
of the plant. It may be also introduced as a linear nucleic acid molecule
comprising the NEENA
sequence wherein additional sequences may be present adjacent to the NEENA
sequence on
the nucleic acid molecule. These sequences neighboring the NEENA sequence may
be from
about 20 bp, for example 20 bp to several hundred base pairs, for example 100
bp or more and
may facilitate integration into the genome for example by homologous
recombination. Any other
method for genome integration may be employed, be it targeted integration
approaches, such
as homologous recombination or random integration approaches, such as
illegitimate recombi-
nation.
The endogenous preferably seed-specific and/or seed-preferential expressed
nucleic acid to
which the NEENA molecule may be functionally linked may be any nucleic acid,
preferably any
seed-specific and/or seed-preferential expressed nucleic acid molecule. The
nucleic acid mole-
cule may be a protein coding nucleic acid molecule or a non coding molecule
such as antisense
RNA, rRNA, tRNA, miRNA, ta-siRNA, siRNA, dsRNA, snRNA, snoRNA or any other
noncoding
RNA known in the art.
The skilled person is aware of methods for identifying seed-specific and/or
seed-preferential
expressed nucleic acid molecules to which the method of the invention may
preferably be ap-
plied for example by microarray chip hybridization, q PCR, Northern blot
analysis, next genera-
tion sequencing etc.
A further way to perform the methods of the invention may be to
a) provide an expression construct comprising one or more NEENA comprising a
nucleic acid
molecule as defined above in i) to vi) functionally linked to a promoter,
preferably a seed-
specific and/or seed-preferential promoter as defined above and to one or more
nucleic acid
molecule the latter being heterologous to said one or more NEENA and which is
under the con-
trol of said promoter, preferably seed-specific and/or seed-preferential
promoter and
b) integrate said expression construct comprising said one or more NEENA into
the genome of
said plant or part thereof and optionally
c) regenerate a plant or part thereof comprising said one or more expression
construct from
said transformed plant or part thereof.
The NEENA may be heterologous to the nucleic acid molecule which is under the
control of said
promoter to which the NEENA is functionally linked or it may be heterologous
to both the pro-
moter and the nucleic acid molecule under the control of said promoter.
The expression construct may be integrated into the genome of the respective
plant with any
method known in the art. The integration may be random using methods such as
particle born-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
8
bardment or Agrobacterium mediated transformation. In a preferred embodiment,
the integration
is via targeted integration for example by homologous recombination. The
latter method would
allow integrating the expression construct comprising a high expression
promoter functionally
linked to a NEENA into a favorable genome region. Favorable genome regions are
for example
genome regions known to comprise genes that are highly expressed for example
in seeds and
hence may increase expression derived from said expression construct compared
to a genome
region which shows no transcriptional activity.
In another preferred embodiment said one or more NEENA is functionally linked
to a promoter,
preferably a seed-specific and/or seed-preferential promoter close to the
transcription start site
of said heterologous nucleic acid molecule.
Close to the transcription start site as meant herein comprises functionally
linking the one or
more NEENA to a promoter, preferably a seed-specific and/or seed-preferential
promoter 2500
bp or less, preferentially 2000 bp or less, more preferred 1500 bp or less,
even more preferred
1000 bp or less and most preferred 500 bp or less away from the transcription
start site of said
heterologous nucleic acid molecule. It is to be understood that the NEENA may
be integrated
upstream or downstream in the respective distance from the transcription start
site of the re-
spective promoter. Hence, the one or more NEENA must not necessarily be
included in the
transcript of the respective heterologous nucleic acid under control of the
preferably seed-
specific and/or seed-preferential promoter the one or more NEENA is
functionally linked to.
Preferentially the one or more NEENA is integrated downstream of the
transcription start site of
the respective promoter, preferably seed-specific and/or seed-preferential
promoter. The inte-
gration site downstream of the transcription start site may be in the 5' UTR,
the 3' UTR, an
exon or intron or it may replace an intron or partially or completely the 5'
UTR or 3' UTR of the
heterologous nucleic acid under the control of the preferably seed-specific
and/or seed-
preferential promoter. Preferentially the one or more NEENA is integrated in
the 5' UTR or an
intron or the NEENA is replacing an intron or a part or the complete 5'UTR,
most preferentially it
is integrated in the 5'UTR of the respective heterologous nucleic acid.
.. A further embodiment of the invention comprises a recombinant expression
construct compris-
ing one or more NEENA comprising a nucleic acid molecule as defined above in
i) to vi).
The recombinant expression construct may further comprise one or more
promoter, preferably
seed-specific and/or seed-preferential promoter to which the one or more NEENA
is function-
ally linked and optionally one or more expressed nucleic acid molecule the
latter being het-
erologous to said one or more NEENA.
The NEENA may be heterologous to the nucleic acid molecule which is under the
control of said
promoter to which the NEENA is functionally linked or it may be heterologous
to both the pro-
moter and the nucleic acid molecule under the control of said promoter.
The expression construct may comprise one ore more, for example two or more,
for example 5
or more, such as 10 or more combinations of promoters, preferably seed-
specific and/or seed-
preferential promoters functionally linked to a NEENA and a nucleic acid
molecule to be ex-
pressed which is heterologous to the respective NEENA. The expression
construct may also
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
9
comprise further promoters not comprising a NEENA functionally linked to
nucleic acid mole-
cules to be expressed homologous or heterologous to the respective promoter.
A recombinant expression vector comprising one or more recombinant expression
construct as
defined above is another embodiment of the invention. A multitude of
expression vectors that
may be used in the present invention are known to a skilled person. Methods
for introducing
such a vector comprising such an expression construct comprising for example a
promoter
functionally linked to a NEENA and optionally other elements such as a
terminator into the ge-
nome of a plant and for recovering transgenic plants from a transformed cell
are also well
known in the art. Depending on the method used for the transformation of a
plant or part thereof
the entire vector might be integrated into the genome of said plant or part
thereof or certain
components of the vector might be integrated into the genome, such as, for
example a T-DNA.
A transgenic plant or part thereof comprising one or more heterologous NEENA
as defined
above in i) to vi) is also enclosed in this invention. A NEENA is to be
understood as being het-
erologous to the plant if it is synthetic, derived from another organism or
the same organism but
its natural genomic localization is rendered compared to a control plant, for
example a wild type
plant. It is to be understood, that a rendered genomic localization means the
NEENA is located
on another chromosome or on the same chromosome but 10 kb or more, for example
10 kb,
preferably 5 kb or more, for example 5 kb, more preferably 1000 bp or more,
for example 1000
bp, even more preferably 500 bp or more, for example 500 bp, especially
preferably 100bp or
more, for example 100 bp, most preferably 10 bp or more, for example 10 bp
dislocated from its
natural genomic localization, for example in a wild type plant.
A transgenic cell or transgenic plant or part thereof comprising a recombinant
expression vector
as defined above or a recombinant expression construct as defined above is a
further embodi-
ment of the invention. The transgenic cell, transgenic plant or part thereof
may be selected from
the group consisting of bacteria, fungi, yeasts, or plant, insect or mammalian
cells or plants.
Preferred transgenic cells are bacteria, fungi, yeasts, plant cells. Preferred
bacteria are Entero-
bacteria such as E. coli and bacteria of the genus Agrobacteria, for example
Agrobacterium
tumefaciens and Agrobacterium rhizogenes. Preferred plants are
monocotyledonous or dicoty-
ledonous plants for example monocotyledonous or dicotyledonous crop plants
such as corn,
soy, canola, cotton, potato, sugar beet, rice, wheat, sorghum, barley, musa,
sugarcane, miscan-
thus and the like. Preferred crop plants are corn, rice, wheat, soy, canola,
cotton or potato. Es-
pecially preferred dicotyledonous crop plants are soy, canola, cotton or
potato.
Especially preferred monocotyledonous crop plants are corn, wheat and rice.
A transgenic cell culture, transgenic seed, parts or propagation material
derived from a trans-
genic cell or plant or part thereof as defined above comprising said
heterologous NEENA as
defined above in i) to vi) or said recombinant expression construct or said
recombinant vector
as defined above are other embodiments of the invention.
Transgenic parts or propagation material as meant herein comprise all tissues
and organs, for
example leaf, stem and fruit as well as material that is useful for
propagation and/or regenera-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
tion of plants such as cuttings, scions, layers, branches or shoots comprising
the respective
NEENA, recombinant expression construct or recombinant vector.
A further embodiment of the invention is the use of the NEENA as defined above
in i) to vi) or
5 the recombinant construct or recombinant vector as defined above for
enhancing expression in
plants or parts thereof.
Hence the application at hand provides seed-specific and/or seed-preferential
gene expression
enhancing nucleic acid molecules comprising one or more promoter, preferably
seed- specific
10 and/or seed preferential promoter functionally linked to one ore more
NEENA. Additionally use
of such gene expression enhancing nucleic acid molecules and expression
constructs, expres-
sion vectors, transgenic plants or parts thereof and transgenic cells
comprising such gene ex-
pression enhancing nucleic acid molecules are provided.
A use of a transgenic cell culture, transgenic seed, parts or propagation
material derived from a
transgenic cell or plant or part thereof as defined above for the production
of foodstuffs, animal
feeds, seeds, pharmaceuticals or fine chemicals is also enclosed in this
invention.
DEFINITIONS
Abbreviations: NEENA - nucleic acid expression enhancing nucleic acid, GFP -
green fluores-
cence protein, GUS - beta-Glucuronidase, BAP - 6-benzylaminopurine; 2,4-D -
2,4-
dichlorophenoxyacetic acid; MS - Murashige and Skoog medium; NAA - 1-
naphtaleneacetic
acid; MES, 2-(N-morpholino-ethanesulfonic acid, IAA indole acetic acid; Kan:
Kanamycin sul-
fate; GA3 - Gibberellic acid; TimentinTm: ticarcillin disodium / clavulanate
potassium, micro!: Mi-
croliter.
It is to be understood that this invention is not limited to the particular
methodology or protocols.
It is also to be understood that the terminology used herein is for the
purpose of describing par-
ticular embodiments only, and is not intended to limit the scope of the
present invention which
will be limited only by the appended claims. It must be noted that as used
herein and in the ap-
pended claims, the singular forms "a," "and," and "the" include plural
reference unless the con-
text clearly dictates otherwise. Thus, for example, reference to "a vector" is
a reference to one
or more vectors and includes equivalents thereof known to those skilled in the
art, and so forth.
The term "about" is used herein to mean approximately, roughly, around, or in
the region of.
.. When the term "about" is used in conjunction with a numerical range, it
modifies that range by
extending the boundaries above and below the numerical values set forth. In
general, the term
"about" is used herein to modify a numerical value above and below the stated
value by a vari-
ance of 20 percent, preferably 10 percent up or down (higher or lower). As
used herein, the
word "or" means any one member of a particular list and also includes any
combination of
members of that list. The words "comprise," "comprising," "include,"
"including," and "includes"
when used in this specification and in the following claims are intended to
specify the presence
of one or more stated features, integers, components, or steps, but they do
not preclude the
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
11
presence or addition of one or more other features, integers, components,
steps, or groups
thereof. For clarity, certain terms used in the specification are defined and
used as follows:
Antiparallel: "Antiparallel" refers herein to two nucleotide sequences paired
through hydrogen
bonds between complementary base residues with phosphodiester bonds running in
the 5l-3'
direction in one nucleotide sequence and in the 3'-5' direction in the other
nucleotide sequence.
Antisense: The term "antisense" refers to a nucleotide sequence that is
inverted relative to its
normal orientation for transcription or function and so expresses an RNA
transcript that is corn-
plementary to a target gene mRNA molecule expressed within the host cell
(e.g., it can hybrid-
ize to the target gene mRNA molecule or single stranded genomic DNA through
Watson-Crick
base pairing) or that is complementary to a target DNA molecule such as, for
example genomic
DNA present in the host cell.
Coding region: As used herein the term "coding region" when used in reference
to a structural
gene refers to the nucleotide sequences which encode the amino acids found in
the nascent
polypeptide as a result of translation of a mRNA molecule. The coding region
is bounded, in
eukaryotes, on the 5'-side by the nucleotide triplet "ATG" which encodes the
initiator methionine
and on the 3'-side by one of the three triplets which specify stop codons
(i.e., TAA, TAG, TGA).
In addition to containing introns, genomic forms of a gene may also include
sequences located
on both the 5'- and 3'-end of the sequences which are present on the RNA
transcript. These
sequences are referred to as "flanking" sequences or regions (these flanking
sequences are
located 5' or 3' to the non-translated sequences present on the mRNA
transcript). The 5'-
flanking region may contain regulatory sequences such as promoters and
enhancers which con-
trol or influence the transcription of the gene. The 3'-flanking region may
contain sequences
which direct the termination of transcription, post-transcriptional cleavage
and polyadenylation.
Complementary: "Complementary" or "complementarity" refers to two nucleotide
sequences
which comprise antiparallel nucleotide sequences capable of pairing with one
another (by the
base-pairing rules) upon formation of hydrogen bonds between the complementary
base resi-
dues in the antiparallel nucleotide sequences. For example, the sequence 5'-
AGT-3' is comple-
mentary to the sequence 5'-ACT-3'. Complementarity can be "partial" or
"total." "Partial" corn-
plementarity is where one or more nucleic acid bases are not matched according
to the base
pairing rules. "Total" or "complete" complementarity between nucleic acid
molecules is where
each and every nucleic acid base is matched with another base under the base
pairing rules.
The degree of complementarity between nucleic acid molecule strands has
significant effects on
the efficiency and strength of hybridization between nucleic acid molecule
strands. A "comple-
ment" of a nucleic acid sequence as used herein refers to a nucleotide
sequence whose nucleic
acid molecules show total complementarity to the nucleic acid molecules of the
nucleic acid
sequence.
Double-stranded RNA: A "double-stranded RNA" molecule or "dsRNA" molecule
comprises a
sense RNA fragment of a nucleotide sequence and an antisense RNA fragment of
the nucleo-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
12
tide sequence, which both comprise nucleotide sequences complementary to one
another,
thereby allowing the sense and antisense RNA fragments to pair and form a
double-stranded
RNA molecule.
Endogenous: An "endogenous" nucleotide sequence refers to a nucleotide
sequence, which is
present in the genome of the untransformed plant cell.
Enhanced expression: "enhance" or "increase" the expression of a nucleic acid
molecule in a
plant cell are used equivalently herein and mean that the level of expression
of the nucleic acid
molecule in a plant, part of a plant or plant cell after applying a method of
the present invention
is higher than its expression in the plant, part of the plant or plant cell
before applying the
method, or compared to a reference plant lacking a recombinant nucleic acid
molecule of the
invention. For example, the reference plant is comprising the same construct
which is only lack-
ing the respective NEENA. The term "enhanced" or "increased" as used herein
are synonymous
and means herein higher, preferably significantly higher expression of the
nucleic acid molecule
to be expressed. As used herein, an "enhancement" or "increase" of the level
of an agent such
as a protein, mRNA or RNA means that the level is increased relative to a
substantially identical
plant, part of a plant or plant cell grown under substantially identical
conditions, lacking a re-
combinant nucleic acid molecule of the invention, for example lacking the
NEENA molecule, the
recombinant construct or recombinant vector of the invetion. As used herein,
"enhancement" or
"increase" of the level of an agent, such as for example a preRNA, mRNA, rRNA,
tRNA,
snoRNA, snRNA expressed by the target gene and/or of the protein product
encoded by it,
means that the level is increased 50% or more, for example 100% or more,
preferably 200% or
more, more preferably 5 fold or more, even more preferably 10 fold or more,
most preferably 20
fold or more for example 50 fold relative to a cell or organism lacking a
recombinant nucleic acid
molecule of the invention. The enhancement or increase can be determined by
methods with
which the skilled worker is familiar. Thus, the enhancement or increase of the
nucleic acid or
protein quantity can be determined for example by an immunological detection
of the protein.
Moreover, techniques such as protein assay, fluorescence, Northern
hybridization, nuclease
protection assay, reverse transcription (quantitative RT-PCR), ELISA (enzyme-
linked immu-
nosorbent assay), Western blotting, radioimmunoassay (RIA) or other
immunoassays and fluo-
rescence-activated cell analysis (FAGS) can be employed to measure a specific
protein or RNA
in a plant or plant cell. Depending on the type of the induced protein
product, its activity or the
effect on the phenotype of the organism or the cell may also be determined.
Methods for deter-
mining the protein quantity are known to the skilled worker. Examples, which
may be men-
tioned, are: the micro-Biuret method (Goa J (1953) Scand J Clin Lab Invest
5:218-222), the Fo-
lin-Ciocalteau method (Lowry OH et al. (1951) J Biol Chem 193:265-275) or
measuring the ab-
sorption of CBB G-250 (Bradford MM (1976) Analyt Biochem 72:248-254). As one
example for
quantifying the activity of a protein, the detection of luciferase activity is
described in the Exam-
ples below.
Expression: "Expression" refers to the biosynthesis of a gene product,
preferably to the tran-
scription and/or translation of a nucleotide sequence, for example an
endogenous gene or a
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
13
heterologous gene, in a cell. For example, in the case of a structural gene,
expression involves
transcription of the structural gene into mRNA and - optionally - the
subsequent translation of
mRNA into one or more polypeptides. In other cases, expression may refer only
to the transcrip-
tion of the DNA harboring an RNA molecule.
Expression construct: "Expression construct" as used herein mean a DNA
sequence capable of
directing expression of a particular nucleotide sequence in an appropriate
part of a plant or plant
cell, comprising a promoter functional in said part of a plant or plant cell
into which it will be in-
troduced, operatively linked to the nucleotide sequence of interest which is ¨
optionally - opera-
tively linked to termination signals. If translation is required, it also
typically comprises se-
quences required for proper translation of the nucleotide sequence. The coding
region may
code for a protein of interest but may also code for a functional RNA of
interest, for example
RNAa, siRNA, snoRNA, snRNA, microRNA, ta-siRNA or any other noncoding
regulatory RNA,
in the sense or antisense direction. The expression construct comprising the
nucleotide se-
quence of interest may be chimeric, meaning that one or more of its components
is heterolo-
gous with respect to one or more of its other components. The expression
construct may also
be one, which is naturally occurring but has been obtained in a recombinant
form useful for het-
erologous expression. Typically, however, the expression construct is
heterologous with respect
to the host, i.e., the particular DNA sequence of the expression construct
does not occur natu-
rally in the host cell and must have been introduced into the host cell or an
ancestor of the host
cell by a transformation event. The expression of the nucleotide sequence in
the expression
construct may be under the control of a seed-specific and/or seed-preferential
promoter or of
an inducible promoter, which initiates transcription only when the host cell
is exposed to some
particular external stimulus. In the case of a plant, the promoter can also be
specific to a par-
ticular tissue or organ or stage of development.
Foreign: The term "foreign" refers to any nucleic acid molecule (e.g., gene
sequence) which is
introduced into the genome of a cell by experimental manipulations and may
include sequences
found in that cell so long as the introduced sequence contains some
modification (e.g., a point
mutation, the presence of a selectable marker gene, etc.) and is therefore
distinct relative to the
naturally-occurring sequence.
Functional linkage: The term "functional linkage" or 'functionally linked" is
to be understood as
meaning, for example, the sequential arrangement of a regulatory element (e.g.
a promoter)
with a nucleic acid sequence to be expressed and, if appropriate, further
regulatory elements
(such as e.g., a terminator or a NEENA) in such a way that each of the
regulatory elements can
fulfill its intended function to allow, modify, facilitate or otherwise
influence expression of said
nucleic acid sequence. As a synonym the wording "operable linkage" or
"operably linked" may
be used. The expression may result depending on the arrangement of the nucleic
acid se-
quences in relation to sense or antisense RNA. To this end, direct linkage in
the chemical sense
is not necessarily required. Genetic control sequences such as, for example,
enhancer se-
quences, can also exert their function on the target sequence from positions
which are further
away, or indeed from other DNA molecules. Preferred arrangements are those in
which the nu-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
14
oleic acid sequence to be expressed recombinantly is positioned behind the
sequence acting as
promoter, so that the two sequences are linked covalently to each other. The
distance between
the promoter sequence and the nucleic acid sequence to be expressed
recombinantly is pref-
erably less than 200 base pairs, especially preferably less than 100 base
pairs, very especially
preferably less than 50 base pairs. In a preferred embodiment, the nucleic
acid sequence to be
transcribed is located behind the promoter in such a way that the
transcription start is identical
with the desired beginning of the chimeric RNA of the invention. Functional
linkage, and an ex-
pression construct, can be generated by means of customary recombination and
cloning tech-
niques as described (e.g., in Maniatis T, Fritsch EF and Sambrook J (1989)
Molecular Cloning:
A Laboratory Manual, 2nd Ed., Cold Spring Harbor Laboratory, Cold Spring
Harbor (NY); Sil-
havy et al. (1984) Experiments with Gene Fusions, Cold Spring Harbor
Laboratory, Cold Spring
Harbor (NY); Ausubel et al. (1987) Current Protocols in Molecular Biology,
Greene Publishing
Assoc. and Wiley Interscience; Gelvin et al. (Eds) (1990) Plant Molecular
Biology Manual; Klu-
wer Academic Publisher, Dordrecht, The Netherlands). However, further
sequences, which, for
example, act as a linker with specific cleavage sites for restriction enzymes,
or as a signal pep-
tide, may also be positioned between the two sequences. The insertion of
sequences may also
lead to the expression of fusion proteins. Preferably, the expression
construct, consisting of a
linkage of a regulatory region for example a promoter and nucleic acid
sequence to be ex-
pressed, can exist in a vector-integrated form and be inserted into a plant
genome, for example
by transformation.
Gene: The term "gene" refers to a region operably joined to appropriate
regulatory sequences
capable of regulating the expression of the gene product (e.g., a polypeptide
or a functional
RNA) in some manner. A gene includes untranslated regulatory regions of DNA
(e.g., promot-
ers, enhancers, repressors, etc.) preceding (up-stream) and following
(downstream) the coding
region (open reading frame, ORF) as well as, where applicable, intervening
sequences (i.e.,
introns) between individual coding regions (i.e., exons). The term "structural
gene" as used
herein is intended to mean a DNA sequence that is transcribed into mRNA which
is then trans-
lated into a sequence of amino acids characteristic of a specific polypeptide.
Genome and genomic DNA: The terms "genome" or "genomic DNA" is referring to
the heritable
genetic information of a host organism. Said genomic DNA comprises the DNA of
the nucleus
(also referred to as chromosomal DNA) but also the DNA of the plastids (e.g.,
chloroplasts) and
other cellular organelles (e.g., mitochondria). Preferably the terms genome or
genomic DNA is
referring to the chromosomal DNA of the nucleus.
Heterologous: The term "heterologous" with respect to a nucleic acid molecule
or DNA refers to
a nucleic acid molecule which is operably linked to, or is manipulated to
become operably linked
to, a second nucleic acid molecule to which it is not operably linked in
nature, or to which it is
operably linked at a different location in nature. A heterologous expression
construct comprising
a nucleic acid molecule and one or more regulatory nucleic acid molecule (such
as a promoter
or a transcription termination signal) linked thereto for example is a
constructs originating by
experimental manipulations in which either a) said nucleic acid molecule, or
b) said regulatory
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
nucleic acid molecule or c) both (i.e. (a) and (b)) is not located in its
natural (native) genetic en-
vironment or has been modified by experimental manipulations, an example of a
modification
being a substitution, addition, deletion, inversion or insertion of one or
more nucleotide residues.
Natural genetic environment refers to the natural chromosomal locus in the
organism of origin,
5 or to the presence in a genomic library. In the case of a genomic
library, the natural genetic en-
vironment of the sequence of the nucleic acid molecule is preferably retained,
at least in part.
The environment flanks the nucleic acid sequence at least at one side and has
a sequence of at
least 50 bp, preferably at least 500 bp, especially preferably at least 1,000
bp, very especially
preferably at least 5,000 bp, in length. A naturally occurring expression
construct - for example
10 the naturally occurring combination of a promoter with the corresponding
gene - becomes a
transgenic expression construct when it is modified by non-natural, synthetic
"artificial" methods
such as, for example, mutagenization. Such methods have been described (US
5,565,350;
WO 00/15815). For example a protein encoding nucleic acid molecule operably
linked to a pro-
moter, which is not the native promoter of this molecule, is considered to be
heterologous with
15 respect to the promoter. Preferably, heterologous DNA is not endogenous
to or not naturally
associated with the cell into which it is introduced, but has been obtained
from another cell or
has been synthesized. Heterologous DNA also includes an endogenous DNA
sequence, which
contains some modification, non-naturally occurring, multiple copies of an
endogenous DNA
sequence, or a DNA sequence which is not naturally associated with another DNA
sequence
physically linked thereto. Generally, although not necessarily, heterologous
DNA encodes RNA
or proteins that are not normally produced by the cell into which it is
expressed.
High expression seed-specific and/or seed-preferential promoter: A "high
expression seed-
specific and/or seed-preferential promoter" as used herein means a promoter
causing seed-
specific and/or seed-preferential expression in a plant or part thereof
wherein the accumulation
or rate of synthesis of RNA or stability of RNA derived from the nucleic acid
molecule under the
control of the respective promoter is higher, preferably significantly higher
than the expression
caused by the promoter lacking the NEENA of the invention. Preferably the
amount of RNA
and/or the rate of RNA synthesis and/or stability of RNA is increased 50% or
more, for example
100% or more, preferably 200% or more, more preferably 5 fold or more, even
more preferably
10 fold or more, most preferably 20 fold or more for example 50 fold relative
to a seed-specific
and/or seed-preferential promoter lacking a NEENA of the invention.
Hybridization: The term "hybridization" as used herein includes "any process
by which a strand
of nucleic acid molecule joins with a complementary strand through base
pairing." (J. Coombs
(1994) Dictionary of Biotechnology, Stockton Press, New York). Hybridization
and the strength
of hybridization (i.e., the strength of the association between the nucleic
acid molecules) is im-
pacted by such factors as the degree of complementarity between the nucleic
acid molecules,
stringency of the conditions involved, the Tm of the formed hybrid, and the
G:C ratio within the
nucleic acid molecules. As used herein, the term "Tm" is used in reference to
the "melting tem-
perature." The melting temperature is the temperature at which a population of
double-stranded
nucleic acid molecules becomes half dissociated into single strands. The
equation for calculat-
ing the Tm of nucleic acid molecules is well known in the art. As indicated by
standard refer-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
16
ences, a simple estimate of the Tm value may be calculated by the equation:
Tm=81.5+0.41(%
G+C), when a nucleic acid molecule is in aqueous solution at 1 M NaCI [see
e.g., Anderson and
Young, Quantitative Filter Hybridization, in Nucleic Acid Hybridization
(1985)]. Other references
include more sophisticated computations, which take structural as well as
sequence character-
istics into account for the calculation of Tm. Stringent conditions, are known
to those skilled in
the art and can be found in Current Protocols in Molecular Biology, John Wiley
& Sons, N.Y.
(1989), 6.3.1-6.3.6.
"Identity": "Identity" when used in respect to the comparison of two or more
nucleic acid or
amino acid molecules means that the sequences of said molecules share a
certain degree of
sequence similarity, the sequences being partially identical.
To determine the percentage identity (homology is herein used interchangeably)
of two amino
acid sequences or of two nucleic acid molecules, the sequences are written one
underneath the
other for an optimal comparison (for example gaps may be inserted into the
sequence of a pro-
tein or of a nucleic acid in order to generate an optimal alignment with the
other protein or the
other nucleic acid).
The amino acid residues or nucleic acid molecules at the corresponding amino
acid positions or
nucleotide positions are then compared. If a position in one sequence is
occupied by the same
amino acid residue or the same nucleic acid molecule as the corresponding
position in the other
sequence, the molecules are homologous at this position (i.e. amino acid or
nucleic acid "ho-
mology" as used in the present context corresponds to amino acid or nucleic
acid "identity". The
percentage homology between the two sequences is a function of the number of
identical posi-
tions shared by the sequences (i.e. % homology = number of identical
positions/total number of
positions x 100). The terms "homology" and "identity" are thus to be
considered as synonyms.
For the determination of the percentage identity of two or more amino acids or
of two or more
nucleotide sequences several computer software programs have been developed.
The identity
of two or more sequences can be calculated with for example the software
fasta, which ores-
ently has been used in the version fasta 3 (W. R. Pearson and D. J. Lipman,
PNAS 85,
2444(1988); W. R. Pearson, Methods in Enzymology 183, 63 (1990); W. R. Pearson
and D. J.
Lipman, PNAS 85, 2444 (1988); W. R. Pearson, Enzymology 183, 63 (1990)).
Another useful
program for the calculation of identities of different sequences is the
standard blast program,
which is included in the Biomax pedant software (Biomax, Munich, Federal
Republic of Ger-
many). This leads unfortunately sometimes to suboptimal results since blast
does not always
include complete sequences of the subject and the query. Nevertheless as this
program is very
efficient it can be used for the comparison of a huge number of sequences. The
following set-
tings are typically used for such a comparisons of sequences:
-p Program Name [String]; -d Database [String]; default = nr; -i Query File
[File In]; default =
stdin; -e Expectation value (E) [Real]; default = 10.0; -m alignment view
options: 0 = pairwise;
1 = query-anchored showing identities; 2 = query-anchored no identities; 3 =
flat query-
anchored, show identities; 4 = flat query-anchored, no identities; 5 = query-
anchored no identi-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
17
ties and blunt ends; 6 = flat query-anchored, no identities and blunt ends; 7
= XML Blast output;
8 = tabular; 9 tabular with comment lines [Integer]; default = 0; -o BLAST
report Output File
[File Out] Optional; default = stdout; -F Filter query sequence (DUST with
blastn, SEG with
others) [String]; default = T; -G Cost to open a gap (zero invokes default
behavior) [Integer];
default = 0; -E Cost to extend a gap (zero invokes default behavior)
[Integer]; default = 0; -X X
dropoff value for gapped alignment (in bits) (zero invokes default behavior);
blastn 30, megab-
last 20, tblastx 0, all others 15 [Integer]; default = 0; -I Show GI's in
deflines [T/F]; default = F; -
q Penalty for a nucleotide mismatch (blastn only) [Integer]; default = -3; -r
Reward for a nucleo-
tide match (blastn only) [Integer]; default = 1; -v Number of database
sequences to show one-
line descriptions for (V) [Integer]; default = 500; -b Number of database
sequence to show
alignments for (B) [Integer]; default = 250; -f Threshold for extending hits,
default if zero; blastp
11, blastn 0, blastx 12, tblastn 13; tblastx 13, megablast 0 [Integer];
default = 0; -g Perfom
gapped alignment (not available with tblastx) [T/F]; default = T; -Q Query
Genetic code to use
[Integer]; default = 1; -D DB Genetic code (for tblast[nx] only) [Integer];
default = 1; -a Number
of processors to use [Integer]; default = 1; -0 SeqAlign file [File Out]
Optional; -J Believe the
query define [T/F]; default = F; -M Matrix [String]; default = BLOSUM62; -W
Word size, default
if zero (blastn 11, megablast 28, all others 3) [Integer]; default = 0; -z
Effective length of the
database (use zero for the real size) [Real]; default = 0; -K Number of best
hits from a region to
keep (off by default, if used a value of 100 is recommended) [Integer];
default = 0; -P 0 for mul-
tiple hit, 1 for single hit [Integer]; default = 0; -Y Effective length of the
search space (use zero
for the real size) [Real]; default = 0; -S Query strands to search against
database (for blast[nx],
and tblastx); 3 is both, 1 is top, 2 is bottom [Integer]; default = 3; -T
Produce HTML output [TIE];
default = F; -I Restrict search of database to list of GI's [String] Optional;
-U Use lower case
filtering of FASTA sequence [T/F] Optional; default = F; -y X dropoff value
for ungapped exten-
sions in bits (0.0 invokes default behavior); blastn 20, megablast 10, all
others 7 [Real]; default
= 0.0; -Z X dropoff value for final gapped alignment in bits (0.0 invokes
default behavior);
blastn/megablast 50, tblastx 0, all others 25 [Integer]; default = 0; -R PSI-
TBLASTN checkpoint
file [File In] Optional; -n MegaBlast search [T/F]; default = F; -L Location
on query sequence
[String] Optional; -A Multiple Hits window size, default if zero
(blastn/megablast 0, all others 40
[Integer]; default = 0; -w Frame shift penalty (00F algorithm for blastx)
[Integer]; default = 0; -t
Length of the largest intron allowed in tblastn for linking HSPs (0 disables
linking) [Integer]; de-
fault = 0.
Results of high quality are reached by using the algorithm of Needleman and
Wunsch or Smith
and Waterman. Therefore programs based on said algorithms are preferred.
Advantageously
the comparisons of sequences can be done with the program PileUp (J. Mol.
Evolution., 25, 351
(1987), Higgins et al., CABIOS 5, 151 (1989)) or preferably with the programs
"Gap" and "Nee-
dle", which are both based on the algorithms of Needleman and Wunsch (J. Mol.
Biol. 48; 443
(1970)), and "BestFit", which is based on the algorithm of Smith and Waterman
(Adv. Appl.
Math. 2; 482 (1981)). "Gap" and "BestFit" are part of the GCG software-package
(Genetics
Computer Group, 575 Science Drive, Madison, Wisconsin, USA 53711(1991);
Altschul et al.,
(Nucleic Acids Res. 25, 3389 (1997)), "Needle" is part of the The European
Molecular Biology
Open Software Suite (EMBOSS) (Trends in Genetics 16 (6), 276 (2000)).
Therefore preferably
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
18
the calculations to determine the percentages of sequence homology are done
with the pro-
grams "Gap" or "Needle" over the whole range of the sequences. The following
standard ad-
justments for the comparison of nucleic acid sequences were used for "Needle":
matrix: EDNA-
FULL, Gap_penalty: 10.0, Extend_penalty: 0.5. The following standard
adjustments for the
comparison of nucleic acid sequences were used for "Gap": gap weight: 50,
length weight: 3,
average match: 10.000, average mismatch: 0.000.
For example a sequence, which is said to have 80% identity with sequence SEQ
ID NO: 1 at
the nucleic acid level is understood as meaning a sequence which, upon
comparison with the
sequence represented by SEQ ID NO: 1 by the above program "Needle" with the
above pa-
rameter set, has a 80% identity. Preferably the homology is calculated on the
complete length of
the query sequence, for example SEQ ID NO:1.
Intron: refers to sections of DNA (intervening sequences) within a gene that
do not encode part
of the protein that the gene produces, and that is spliced out of the mRNA
that is transcribed
from the gene before it is exported from the cell nucleus. lntron sequence
refers to the nucleic
acid sequence of an intron. Thus, introns are those regions of DNA sequences
that are tran-
scribed along with the coding sequence (exons) but are removed during the
formation of mature
mRNA. Introns can be positioned within the actual coding region or in either
the 5' or 3' untrans-
lated leaders of the pre-mRNA (unspliced mRNA). lntrons in the primary
transcript are excised
and the coding sequences are simultaneously and precisely ligated to form the
mature mRNA.
The junctions of introns and exons form the splice site. The sequence of an
intron begins with
GU and ends with AG. Furthermore, in plants, two examples of AU-AC introns
have been de-
scribed: the fourteenth intron of the RecA-like protein gene and the seventh
intron of the G5
gene from Arabidopsis thaliana are AT-AC introns. Pre-mRNAs containing introns
have three
short sequences that are -beside other sequences- essential for the intron to
be accurately
spliced. These sequences are the 5' splice-site, the 3' splice-site, and the
branchpoint. mRNA
splicing is the removal of intervening sequences (introns) present in primary
mRNA transcripts
and joining or ligation of exon sequences. This is also known as cis-splicing
which joins two
exons on the same RNA with the removal of the intervening sequence (intron).
The functional
elements of an intron is comprising sequences that are recognized and bound by
the specific
protein components of the spliceosome (e.g. splicing consensus sequences at
the ends of in-
trons). The interaction of the functional elements with the spliceosome
results in the removal of
the intron sequence from the premature mRNA and the rejoining of the exon
sequences. lntrons
have three short sequences that are essential -although not sufficient- for
the intron to be accu-
rately spliced. These sequences are the 5' splice site, the 3' splice site and
the branch point.
The branchpoint sequence is important in splicing and splice-site selection in
plants. The
branchpoint sequence is usually located 10-60 nucleotides upstream of the 3'
splice site.
Isogenic: organisms (e.g., plants), which are genetically identical, except
that they may differ by
the presence or absence of a heterologous DNA sequence.
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
19
Isolated: The term "isolated" as used herein means that a material has been
removed by the
hand of man and exists apart from its original, native environment and is
therefore not a product
of nature. An isolated material or molecule (such as a DNA molecule or enzyme)
may exist in a
purified form or may exist in a non-native environment such as, for example,
in a transgenic
host cell. For example, a naturally occurring polynucleotide or polypeptide
present in a living
plant is not isolated, but the same polynucleotide or polypeptide, separated
from some or all of
the coexisting materials in the natural system, is isolated. Such
polynucleotides can be part of a
vector and/or such polynucleotides or polypeptides could be part of a
composition, and would
be isolated in that such a vector or composition is not part of its original
environment. Prefera-
bly, the term "isolated" when used in relation to a nucleic acid molecule, as
in "an isolated nu-
cleic acid sequence" refers to a nucleic acid sequence that is identified and
separated from at
least one contaminant nucleic acid molecule with which it is ordinarily
associated in its natural
source. Isolated nucleic acid molecule is nucleic acid molecule present in a
form or setting that
is different from that in which it is found in nature. In contrast, non-
isolated nucleic acid mole-
cules are nucleic acid molecules such as DNA and RNA, which are found in the
state they exist
in nature. For example, a given DNA sequence (e.g., a gene) is found on the
host cell chromo-
some in proximity to neighboring genes; RNA sequences, such as a specific m
RNA sequence
encoding a specific protein, are found in the cell as a mixture with numerous
other mRNAs,
which encode a multitude of proteins. However, an isolated nucleic acid
sequence comprising
for example SEO ID NO: 1 includes, by way of example, such nucleic acid
sequences in cells
which ordinarily contain SEQ ID NO:1 where the nucleic acid sequence is in a
chromosomal or
extrachromosomal location different from that of natural cells, or is
otherwise flanked by a dif-
ferent nucleic acid sequence than that found in nature. The isolated nucleic
acid sequence may
be present in single-stranded or double-stranded form. When an isolated
nucleic acid sequence
is to be utilized to express a protein, the nucleic acid sequence will contain
at a minimum at
least a portion of the sense or coding strand (i.e., the nucleic acid sequence
may be single-
stranded). Alternatively, it may contain both the sense and anti-sense strands
(i.e., the nucleic
acid sequence may be double-stranded).
Minimal Promoter: promoter elements, particularly a TATA element, that are
inactive or that
have greatly reduced promoter activity in the absence of upstream activation.
In the presence of
a suitable transcription factor, the minimal promoter functions to permit
transcription.
NEENA: see "Nucleic acid expression enhancing nucleic acid".
Non-coding: The term "non-coding" refers to sequences of nucleic acid
molecules that do not
encode part or all of an expressed protein. Non-coding sequences include but
are not limited to
introns, enhancers, promoter regions, 3' untranslated regions, and 5'
untranslated regions.
Nucleic acid expression enhancing nucleic acid (NEENA): The term "nucleic acid
expression
enhancing nucleic acid" refers to a sequence and/or a nucleic acid molecule of
a specific se-
quence having the intrinsic property to enhance expression of a nucleic acid
under the control of
a promoter to which the NEENA is functionally linked. Unlike promoter
sequences, the NEENA
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/E112010/061661
as such is not able to drive expression. In order to fulfill the function of
enhancing expression of
a nucleic acid molecule functionally linked to the NEENA, the NEENA itself has
to be function-
ally linked to a promoter. In distinction to enhancer sequences known in the
art, the NEENA is
acting in cis but not in trans and has to be located close to the
transcription start site of the nu-
5 cleic acid to be expressed.
Nucleic acids and nucleotides: The terms "Nucleic Acids" and "Nucleotides"
refer to naturally
occurring or synthetic or artificial nucleic acid or nucleotides. The terms
"nucleic acids" and "nu-
cleotides" comprise deoxyribonucleotides or ribonucleotides or any nucleotide
analogue and
10 polymers or hybrids thereof in either single- or double-stranded, sense
or antisense form.
Unless otherwise indicated, a particular nucleic acid sequence also implicitly
encompasses
conservatively modified variants thereof (e.g., degenerate codon
substitutions) and complemen-
tary sequences, as well as the sequence explicitly indicated. The term
"nucleic acid" is used
inter-changeably herein with "gene", "cDNA, "m RNA", "oligonucleotide," and
"polynucleotide".
15 Nucleotide analogues include nucleotides having modifications in the
chemical structure of the
base, sugar and/or phosphate, including, but not limited to, 5-position
pyrimidine modifications,
8-position purine modifications, modifications at cytosine exocyclic amines,
substitution of 5-
bromo-uracil, and the like; and 2'-position sugar modifications, including but
not limited to,
sugar-modified ribonucleotides in which the 2'-OH is replaced by a group
selected from H, OR,
20 R, halo, SH, SR, NH2, NHR, NR2, or CN. Short hairpin RNAs (shRNAs) also
can comprise non-
natural elements such as non-natural bases, e.g., ionosin and xanthine, non-
natural sugars,
e.g., 2'-methoxy ribose, or non-natural phosphodiester linkages, e.g.,
methylphosphonates,
phosphorothioates and peptides.
Nucleic acid sequence: The phrase "nucleic acid sequence" refers to a single
or double-
stranded polymer of deoxyribonucleotide or ribonucleotide bases read from the
5'- to the 3'-end.
It includes chromosomal DNA, self-replicating plasmids, infectious polymers of
DNA or RNA and
DNA or RNA that performs a primarily structural role. "Nucleic acid sequence"
also refers to a
consecutive list of abbreviations, letters, characters or words, which
represent nucleotides. In
one embodiment, a nucleic acid can be a "probe" which is a relatively short
nucleic acid, usually
less than 100 nucleotides in length. Often a nucleic acid probe is from about
50 nucleotides in
length to about 10 nucleotides in length. A "target region" of a nucleic acid
is a portion of a nu-
cleic acid that is identified to be of interest. A "coding region" of a
nucleic acid is the portion of
the nucleic acid, which is transcribed and translated in a sequence-specific
manner to produce
into a particular polypeptide or protein when placed under the control of
appropriate regulatory
sequences. The coding region is said to encode such a polypeptide or protein.
Oligonucleotide: The term "oligonucleotide" refers to an oligomer or polymer
of ribonucleic acid
(RNA) or deoxyribonucleic acid (DNA) or mimetics thereof, as well as
oligonucleotides having
non-naturally-occurring portions which function similarly. Such modified or
substituted oligonu-
cleotides are often preferred over native forms because of desirable
properties such as, for ex-
ample, enhanced cellular uptake, enhanced affinity for nucleic acid target and
increased stability
in the presence of nucleases. An oligonucleotide preferably includes two or
more nucleomono-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
21
mers covalently coupled to each other by linkages (e.g., phosphodiesters) or
substitute link-
ages.
Overhang: An "overhang" is a relatively short single-stranded nucleotide
sequence on the 5'- or
3'-hydroxyl end of a double-stranded oligonucleotide molecule (also referred
to as an "exten-
sion," "protruding end," or "sticky end").
Plant: is generally understood as meaning any eukaryotic single-or multi-
celled organism or a
cell, tissue, organ, part or propagation material (such as seeds or fruit) of
same which is cepa-
ble of photosynthesis. Included for the purpose of the invention are all
genera and species of
higher and lower plants of the Plant Kingdom. Annual, perennial,
monocotyledonous and dicoty-
ledonous plants are preferred. The term includes the mature plants, seed,
shoots and seedlings
and their derived parts, propagation material (such as seeds or microspores),
plant organs, tis-
sue, protoplasts, callus and other cultures, for example cell cultures, and
any other type of plant
cell grouping to give functional or structural units. Mature plants refer to
plants at any desired
developmental stage beyond that of the seedling. Seedling refers to a young
immature plant at
an early developmental stage. Annual, biennial, monocotyledonous and
dicotyledonous plants
are preferred host organisms for the generation of transgenic plants. The
expression of genes is
furthermore advantageous in all ornamental plants, useful or ornamental trees,
flowers, cut
flowers, shrubs or lawns. Plants which may be mentioned by way of example but
not by limita-
tion are angiosperms, bryophytes such as, for example, Hepaticae (liverworts)
and Musci
(mosses); Pteridophytes such as ferns, horsetail and club mosses; gymnosperms
such as coni-
fers, cycads, ginkgo and Gnetatae; algae such as Chlorophyceae, Phaeophpyceae,
Rhodophy-
ceae, Myxophyceae, Xanthophyceae, Bacillariophyceae (diatoms), and
Euglenophyceae. Pre-
ferred are plants which are used for food or feed purpose such as the families
of the Legumino-
sae such as pea, alfalfa and soya; Gramineae such as rice, maize, wheat,
barley, sorghum,
millet, rye, triticale, or oats; the family of the Umbelliferae, especially
the genus Daucus, very
especially the species carota (carrot) and Apium, very especially the species
Graveolens dulce
(celery) and many others; the family of the Solanaceae, especially the genus
Lycopersicon, very
especially the species esculentum (tomato) and the genus Solanum, very
especially the species
tuberosum (potato) and melongena (egg plant), and many others (such as
tobacco); and the
genus Capsicum, very especially the species annuum (peppers) and many others;
the family of
the Leguminosae, especially the genus Glycine, very especially the species max
(soybean),
alfalfa, pea, lucerne, beans or peanut and many others; and the family of the
Cruciferae (Bras-
sicacae), especially the genus Brassica, very especially the species napus
(oil seed rape),
campestris (beet), oleracea cv Tastie (cabbage), oleracea cv Snowball Y
(cauliflower) and ol-
eracea cv Emperor (broccoli); and of the genus Arabidopsis, very especially
the species
thaliana and many others; the family of the Compositae, especially the genus
Lactuca, very es-
pecially the species sativa (lettuce) and many others; the family of the
Asteraceae such as sun-
flower, Tagetes, lettuce or Calendula and many other; the family of the
Cucurbitaceae such as
melon, pumpkin/squash or zucchini, and linseed. Further preferred are cotton,
sugar cane,
hemp, flax, chillies, and the various tree, nut and wine species.
CA 3048833 2019-07-08

22
Polypeptide: The terms "polypeptide", "peptide", "oligopeptide",
"polypeptide", "gene product", "expres-
sion product" and "protein" are used interchangeably herein to refer to a
polymer or oligomer of consec-
utive amino acid residues.
Pre-protein: Protein, which is normally targeted to a cellular organelle, such
as a chloroplast, and still
comprising its transit peptide.
Primary transcript: The term "primary transcript" as used herein refers to a
premature RNA transcript of
a gene. A "primary transcript" for example still comprises introns and/or is
not yet comprising a polyA tail
or a cap structure and/or is missing other modifications necessary for its
correct function as transcript
such as for example trimming or editing.
Promoter: The terms "promoter, or "promoter sequence" are equivalents and as
used herein, refer to a
DNA sequence which when ligated to a nucleotide sequence of interest is
capable of controlling the
transcription of the nucleotide sequence of interest into RNA. Such promoters
can for example be found
in the following public databases: GRASSIUS (Grass Regulatory Information
Server), PlantProm DB,
PPDB (Plant Promoter Data Base). Promoters listed there may be addressed with
the methods of the
invention and are herewith included by reference. A promoter is located 5
(i.e., upstream), proximal to
the transcriptional start site of a nucleotide sequence of interest whose
transcription into mRNA it con-
trols, and provides a site for specific binding by RNA polymerase and other
transcription factors for ini-
tiation of transcription. Said promoter comprises for example the at least 10
kb, for example 5 kb or 2 kb
proximal to the transcription start site. It may also comprise the at least
1500 bp proximal to the tran-
scriptional start site, preferably the at least 1000 bp, more preferably the
at least 500 bp, even more
preferably the at least 400 bp, the at least 300 bp, the at least 200 bp or
the at least 100 bp. In a further
preferred embodiment, the promoter comprises the at least 50 bp proximal to
the transcription start site,
for example, at least 25 bp. The promoter does not comprise exon and/or intron
regions or 5 - untrans-
lated regions. The promoter may for example be heterologous or homologous to
the respective plant. A
polynucleotide sequence is "heterologous to" an organism or a second
polynucleotide sequence if it
originates from a foreign species, or, if from the same species, is modified
from its original form. For
example, a promoter operably linked to a heterologous coding sequence refers
to a coding sequence
from a species different from that from which the promoter was derived, or, if
from the same species, a
coding sequence which is not naturally associated with the promoter (e.g. a
genetically engineered cod-
ing sequence or an allele from a different ecotype or variety). Suitable
promoters can be derived from
genes of the host cells where expression should occur or from pathogens for
this host cells (e.g., plants
or plant pathogens like plant viruses). A plant specific promoter is a
promoter suitable for regulating ex-
pression in a plant. It may be derived from a plant but also from plant
pathogens or it might be a synthet-
ic promoter designed by man. If a promoter is an inducible promoter, then the
rate of transcription in-
creases in response to an inducing agent. Also, the promoter may be regulated
in a tissue-specific or tis-
sue preferred manner such that it is only or predominantly active in
transcribing the associated coding region
Date Recue/Date Received 2020-11-11

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
23
in a specific tissue type(s) such as leaves, roots or meristem. The term
"tissue specific" as it
applies to a promoter refers to a promoter that is capable of directing
selective expression of a
nucleotide sequence of interest to a specific type of tissue (e.g., petals) in
the relative absence
of expression of the same nucleotide sequence of interest in a different type
of tissue (e.g.,
roots). Tissue specificity of a promoter may be evaluated by, for example,
operably linking a
reporter gene to the promoter sequence to generate a reporter construct,
introducing the re-
porter construct into the genome of a plant such that the reporter construct
is integrated into
every tissue of the resulting transgenic plant, and detecting the expression
of the reporter gene
(e.g., detecting mRNA, protein, or the activity of a protein encoded by the
reporter gene) in dif-
ferent tissues of the transgenic plant. The detection of a greater level of
expression of the re-
porter gene in one or more tissues relative to the level of expression of the
reporter gene in
other tissues shows that the promoter is specific for the tissues in which
greater levels of ex-
pression are detected. The term "cell type specific" as applied to a promoter
refers to a pro-
moter, which is capable of directing selective expression of a nucleotide
sequence of interest in
a specific type of cell in the relative absence of expression of the same
nucleotide sequence of
interest in a different type of cell within the same tissue. The term "cell
type specific" when ap-
plied to a promoter also means a promoter capable of promoting selective
expression of a nu-
cleotide sequence of interest in a region within a single tissue. Cell type
specificity of a promoter
may be assessed using methods well known in the art, e.g., GUS activity
staining, GFP protein
or immunohistochemical staining. The term "constitutive" when made in
reference to a promoter
or the expression derived from a promoter means that the promoter is capable
of directing tran-
scription of an operably linked nucleic acid molecule in the absence of a
stimulus (e.g., heat
shock, chemicals, light, etc.) in the majority of plant tissues and cells
throughout substantially
the entire lifespan of a plant or part of a plant. Typically, constitutive
promoters are capable of
directing expression of a transgene in substantially any cell and any tissue.
Promoter specificity: The term "specificity" when referring to a promoter
means the pattern of
expression conferred by the respective promoter. The specificity describes the
tissues and/or
developmental status of a plant or part thereof, in which the promoter is
conferring expression of
the nucleic acid molecule under the control of the respective promoter.
Specificity of a promoter
may also comprise the environmental conditions, under which the promoter may
be activated or
down-regulated such as induction or repression by biological or environmental
stresses such as
cold, drought, wounding or infection.
Purified: As used herein, the term "purified" refers to molecules, either
nucleic or amino acid
sequences that are removed from their natural environment, isolated or
separated. "Substan-
tially purified" molecules are at least 60% free, preferably at least 75%
free, and more preferably
at least 90% free from other components with which they are naturally
associated. A purified
nucleic acid sequence may be an isolated nucleic acid sequence.
Recombinant: The term "recombinant" with respect to nucleic acid molecules
refers to nucleic
acid molecules produced by recombinant DNA techniques. Recombinant nucleic
acid molecules
may also comprise molecules, which as such does not exist in nature but are
modified,
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
24
changed, mutated or otherwise manipulated by man. Preferably, a "recombinant
nucleic acid
molecule" is a non-naturally occurring nucleic acid molecule that differs in
sequence from a
naturally occurring nucleic acid molecule by at least one nucleic acid. A
"recombinant nucleic
acid molecule" may also comprise a "recombinant construct" which comprises,
preferably oper-
ably linked, a sequence of nucleic acid molecules not naturally occurring in
that order. Preferred
methods for producing said recombinant nucleic acid molecule may comprise
cloning tech-
niques, directed or non-directed mutagenesis, synthesis or recombination
techniques.
"Seed-specific promoter" in the context of this invention means a promoter
which is regulating
transcription of a nucleic acid molecule under control of the respective
promoter in seeds
wherein the transcription in any tissue or cell of the seeds contribute to
more than 90%, pref-
erably more than 95%, more preferably more than 99% of the entire quantity of
the RNA tran-
scribed from said nucleic acid sequence in the entire plant during any of its
developmental
stage. The term "seed-specific expression" and "seed-specific NEENA" are to be
understood
accordingly. Hence a "seed-specific NEENA" enhances the transcription of a
seed-specific or
seed-preferential promoter in a way, that the transcription in seeds derived
from said promoter
functionally linked to a respective NEENA contribute to more than 90%,
preferably more than
95%, more preferably more than 99% of the entire quantity of the RNA
transcribed from the re-
spective promoter functionally linked to a NEENA in the entire plant during
any of its develop-
mental stage.
"Seed-preferential promoter" in the context of this invention means a promoter
which is regulat-
ing transcription of a nucleic acid molecule under control of the respective
promoter in seeds
wherein the transcription in any tissue or cell of the seeds contribute to
more than 50%, pref-
.. erably more than 70%, more preferably more than 80% of the entire quantity
of the RNA tran-
scribed from said nucleic acid sequence in the entire plant during any of its
developmental
stage. The term "seed-preferential expression" and "seed-preferential NEENA"
are to be under-
stood accordingly. Hence a "seed-preferential NEENA" enhances the
transcription of a seed-
specific or seed-preferential promoter in a way, that the transcription in
seeds derived from said
promoter functionally linked to a respective NEENA contribute to more than
50%, preferably
more than 70%, more preferably more than 80% of the entire quantity of the RNA
transcribed
from the respective promoter functionally linked to a NEENA in the entire
plant during any of its
developmental stage.
Sense: The term "sense" is understood to mean a nucleic acid molecule having a
sequence
which is complementary or identical to a target sequence, for example a
sequence which binds
to a protein transcription factor and which is involved in the expression of a
given gene. Accord-
ing to a preferred embodiment, the nucleic acid molecule comprises a gene of
interest and ele-
ments allowing the expression of the said gene of interest.
Significant increase or decrease: An increase or decrease, for example in
enzymatic activity or
in gene expression, that is larger than the margin of error inherent in the
measurement tech-
nique, preferably an increase or decrease by about 2-fold or greater of the
activity of the control
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
enzyme or expression in the control cell, more preferably an increase or
decrease by about 5-
fold or greater, and most preferably an increase or decrease by about 10-fold
or greater.
Small nucleic acid molecules: "small nucleic acid molecules" are understood as
molecules con-
5 sisting of nucleic acids or derivatives thereof such as RNA or DNA. They
may be double-
stranded or single-stranded and are between about 15 and about 30 bp, for
example between
15 and 30 bp, more preferred between about 19 and about 26 bp, for example
between 19 and
26 bp, even more preferred between about 20 and about 25 bp for example
between 20 and 25
bp. In a especially preferred embodiment the oligonucleotides are between
about 21 and about
10 24 bp, for example between 21 and 24 bp. In a most preferred embodiment,
the small nucleic
acid molecules are about 21 bp and about 24 bp, for example 21 bp and 24 bp.
Substantially complementary: In its broadest sense, the term "substantially
complementary",
when used herein with respect to a nucleotide sequence in relation to a
reference or target nu-
15 cleotide sequence, means a nucleotide sequence having a percentage of
identity between the
substantially complementary nucleotide sequence and the exact complementary
sequence of
said reference or target nucleotide sequence of at least 60%, more desirably
at least 70%, more
desirably at least 80% or 85%, preferably at least 90%, more preferably at
least 93%, still more
preferably at least 95% or 96%, yet still more preferably at least 97% or 98%,
yet still more
20 preferably at least 99% or most preferably 100% (the later being
equivalent to the term "identi-
cal" in this context). Preferably identity is assessed over a length of at
least 19 nucleotides,
preferably at least 50 nucleotides, more preferably the entire length of the
nucleic acid se-
quence to said reference sequence (if not specified otherwise below). Sequence
comparisons
are carried out using default GAP analysis with the University of Wisconsin
GCG, SEQWEB
25 application of GAP, based on the algorithm of Needleman and Wunsch
(Needleman and
Wunsch (1970) J Mol. Biol. 48: 443-453; as defined above). A nucleotide
sequence "substan-
tially complementary "to a reference nucleotide sequence hybridizes to the
reference nucleo-
tide sequence under low stringency conditions, preferably medium stringency
conditions, most
preferably high stringency conditions (as defined above).
Transgene: The term "transgene" as used herein refers to any nucleic acid
sequence, which is
introduced into the genome of a cell by experimental manipulations. A
transgene may be an
"endogenous DNA sequence," or a "heterologous DNA sequence" (i.e., "foreign
DNA"). The
term "endogenous DNA sequence" refers to a nucleotide sequence, which is
naturally found in
the cell into which it is introduced so long as it does not contain some
modification (e.g., a point
mutation, the presence of a selectable marker gene, etc.) relative to the
naturally-occurring se-
quence.
Transgenic: The term transgenic when referring to an organism means
transformed, preferably
stably transformed, with a recombinant DNA molecule that preferably comprises
a suitable pro-
moter operatively linked to a DNA sequence of interest.
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
26
Vector: As used herein, the term "vector" refers to a nucleic acid molecule
capable of transport-
ing another nucleic acid molecule to which it has been linked. One type of
vector is a genomic
integrated vector, or "integrated vector", which can become integrated into
the chromosomal
DNA of the host cell. Another type of vector is an episomal vector, i.e., a
nucleic acid molecule
capable of extra-chromosomal replication. Vectors capable of directing the
expression of genes
to which they are operatively linked are referred to herein as "expression
vectors''. In the pre-
sent specification, "plasmid" and "vector" are used interchangeably unless
otherwise clear from
the context. Expression vectors designed to produce RNAs as described herein
in vitro or in
vivo may contain sequences recognized by any RNA polymerase, including
mitochondria! RNA
.. polymerase, RNA poll, RNA pol II, and RNA pol III. These vectors can be
used to transcribe the
desired RNA molecule in the cell according to this invention. A plant
transformation vector is to
be understood as a vector suitable in the process of plant transformation.
Wild-type: The term "wild-type", "natural" or "natural origin" means with
respect to an organism,
polypeptide, or nucleic acid sequence, that said organism is naturally
occurring or available in at
least one naturally occurring organism which is not changed, mutated, or
otherwise manipulated
by man.
EXAMPLES
Chemicals and common methods
Unless indicated otherwise, cloning procedures carried out for the purposes of
the present in-
vention including restriction digest, agarose gel electrophoresis,
purification of nucleic acids,
ligation of nucleic acids, transformation, selection and cultivation of
bacterial cells were per-
.. formed as described (Sambrook et al., 1989). Sequence analyses of
recombinant DNA were
performed with a laser fluorescence DNA sequencer (Applied Biosystems, Foster
City, CA,
USA) using the Sanger technology (Sanger et at., 1977). Unless described
otherwise, chemi-
cals and reagents were obtained from Sigma Aldrich (Sigma Aldrich, St. Louis,
USA), from
Promega (Madison, WI, USA), Duchefa (Haarlem, The Netherlands) or Invitrogen
(Carlsbad,
CA, USA). Restriction endonucleases were from New England Biolabs (Ipswich,
MA, USA) or
Roche Diagnostics GmbH (Penzberg, Germany). Oligonucleotides were synthesized
by Eu-
rofins MWG Operon (Ebersberg, Germany).
Example 1: Identification of Nucleic Acid Expression Enhancing Nucleic Acids
(NEENA) candi-
dates from genes with seed-specific or seed-preferential expression
1.1 Identification of NEENA molecules from A. thaliana genes
Using publicly available genomic DNA sequences (e.g.
http://www.ncbi.nlm.nih.gov/genomes/PLANTS/PlantList.html) and transcript
expression data
(e.g. http://www.weigelworld.org/resources/microarray/AtGenExpress!), a set of
19 NEENA
candidates deriving from Arabidopsis thaliana transcripts with seed-specific
or seed-preferential
expression was selected for detailed analyses. The candidates were named as
follows:
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539
PCT/EP2010/061661
27
Table 1: seed specific NEENA candidates (NEENAss).
SEQ
NEENA ID
name Locus Annotation NO
NEENAss1 At1g62290 aspartyl protease family protein 1
NEENAss2 At1g65090 expressed protein 2
NEENAss15 At2g27040 PAZ domain-containing protein 3
ozone-responsive stress-related protein,
NEENAss18 At1g01170 putative 4
NEENAss14 At5g63190 MA3 domain-containing protein 5
glycosyl hydrolase family 79 N-terminal do-
main-containing protein similar to beta-
NEENAss4 At5g07830 glucuronidase AtGUS2 6
eukaryotic translation initiation factor 1A,
NEENAss13 At2g04520 putative / el F-1A 7
NEENAss3 At5g60760 2-phosphoglycerate kinase-related 8
expressed protein contains Pram profile
NEENAss5 At1g11170 PF05212 9
NEENAss11 At4g37050 PLA V/PLP4 (Patatin-like protein 4) 10
HAP5B (Herne activator protein (yeast) ho-
NEENAss8 At1g56170 molog 5B) 11
aldehyde dehydrogenase, putative / antiq-
NEENAss16 At1g54100 uitin 12
CTP synthase, putative / UTP--ammonia
NEENAss9 At3g12670 ligase, putative 13
NEENAss20 At4g04460 aspartyl protease family protein 14
ATMRP5 (Arabidopsis thaliana multidrug
NEENAss10 At1g04120 resistance-associated protein 5) 15
basic leucine zipper transcription factor
NEENAss6 At2g41070 (BZIP12) 16
protease inhibitor/seed storage/lipid transfer
NEENAss12 At1g05450 protein (LTP)-related 17
2-oxoglutarate-dependent dioxygenase, pu-
NEENAss7 At4g03050 tative (A0P3) 18
NEENAss17 At3g12490 cysteine protease inhibitor, putative / cystatin 19
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
28
1.2 Isolation of the NEENA candidates
Genomic DNA was extracted from A. thaliana green tissue using the Qiagen
DNeasy Plant Mini
Kit (Qiagen, Hilden, Germany). Genomic DNA fragments containing putative NEENA
molecules
were isolated by conventional polymerase chain reaction (PCR). Primers were
designed on the
basis of the A. thaliana genome sequence with a multitude of NEENA candidates.
The reaction
comprised 19 sets of primers (Table 2) and followed the protocol outlined by
Phusion High Fi-
delity DNA Polymerase (Cat No F-540L, New England Biolabs, Ipswich, MA, USA).
The isolated
DNA was used as template DNA in a PCR amplification using the following
primers:
Table 2: Primer sequences
PCR
SEQ yielding
ID SEQ ID
Primer name Sequence NO NO
NEENAss1Jor aataatggtacctggtgcttaaacactctggtgagt 20 1
NEENAssi_rev aataatccatggtttgacctacaaaatcaaagcagtca 21
NEENAss2_for ttttttggtaccagttctttgctttcgaagttgc 22 2
NEENAss2_rev ttttttccatggtactacgtactgttttcaattct 23
NEENAss3_for aaaaaaggtaccatttccacacgctttctatcatttc 24 8
NEENAss3_rev aaaaaaccatggttatctctctctaaaaaataaaaacgaatc 25 ,
NEENAss4 _for aataaaggtaccgtccagaattttctccattga 26 6
NEENAss4_rev aataaaccatggtcttcactatccaaagctctca 27
NEENAss5_for ttttttggtaccgtctactttcattacagtgactctg 28 9
NEENAss5_rev ttttttccatggttatattttacctgcaacacaattcaa 29
NEENAss6_for ttttatggtacccactcgaatactgcatgcaa 30 16
NEENAss6_rev ttttatccatggttatgtagcctttacacagaaaacaa 31
NEENAss7_for tatataggtaccaacaactatggcctgagggt 32 18
NEENAss7_rev tatataccatggttatcttactgtttttaaccaaaaaataaaat 33
NEENAss8_for tttttaggtaccatcttagggtttcgcgagatctca 34 11
NEENAss8_rev ttttttccatggtgctaagctatctctgttaatataaaattg 35
NEENAss9_for tifittggtaccatttttgttggtgaaaggtaga 36 13
NEENAss9_rev tttttaccatggttacgtttttgtctctgcttcttct 37
NEENAss10_for tatattggtacctctgggaaatatcgattttgatct 38 15
NEENAss10_rev tatataccatggtctcaccacatcccaaagctc 39
NEENAss11_for ttttatggtaccgcacaatcttagcttaccttgaa 40 10
NEENAss1l_rev ttttatccatggttatttaatccacaagccttgcctc 41
NEENAss12_for tttttaggtacctgtcggagaagtgggcg 42 17
NEENAsskor-rev tttttaccatggagaagtgggcggacg 43
NEENAss13_for ttttatggtacctagcttaatctcagattcgaatcgt 44 7
NEENAss13_rev ttttatccatggtagtatctacataccaatcatacaaatg 45
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
29
NEENAss14_for ttItttggtacctttcacgatttggaatttga 46 5
NEENAss14_rev ttifitccatggtctacaacattaaaacgaccatta 47
NEENAss15_for tatataggtaccagggtttcgtttttgtttca 48 3
NEENAss15_rev tatataccatggttatctcctgctcaaagaaacca 49
NEENAss16_for tttataggtaccagaagctcatttcttcgatac 50 12
NEENAss16_rev tttataccatggtctctgcgcaaaaattcacc 51
NEENAss17_for tatattggtacctctaaaaatacagggcacc 52 19
NEENAss17_rev tatattccatggttactcttcgttgcagaagccta 53
NEENAss18_for tatataggtaccactgtttaagcttcactgtct 54 4
NEENAss18_rev tatataccatggtttcttctaaagctgaaagt 55
NEENAss20_for tatataggtaccttaagcttttaagaatctctactcaca 56 14
NEENAss20(2)_rev atatatccatggttaaattttacctgtcatcaaaaacaaca 57
Amplification during the PCR was carried out with the following composition
(50 micro!):
3,00 microl A. thaliana genomic DNA (50 ng/microl)
10,00 microl 5x Phusion HF Buffer
4,00 micro! dNTP (2,5 mM)
2,50 microl for Primer (10 microM)
2,50 microl rev Primer (10 microM)
0,50 microl Phusion HF DNA Polymerase (2U/microl)
A touch-down approach was employed for the PCR with the following parameters:
98,0 C for 30
sec (1 cycle), 98,0 C for 30 sec, 56,0 C for 30 sec and 72,0 C for 60 sec (4
cycles), 4 additional
cycles each for 54,0 C, 51,0 C and 49,0 C annealing temperature, followed by
20 cycles with
98,0 C for 30 sec, 46,0 C for 30 sec and 72,0 C for 60 sec (4 cycles) and 72,0
C for 5 min. The
amplification products were loaded on a 2 % (w/v) agarose gel and separated at
80V. The PCR
products were excised from the gel and purified with the Qiagen Gel Extraction
Kit (Qiagen,
Hilden, Germany). Following a DNA restriction digest with Ncol (10 U/microl)
and Kpnl (10
U/microl) restriction endonuclease, the digested products were again purified
with the Qiagen
Gel Extraction Kit (Qiagen, Hilden, Germany).
1.3 Vector construction
Using the Multisite Gateway System (lnvitrogen, Carlsbad, CA, USA), the pro-
moter::NEENA::reporter-gene cassettes were assembled into binary constructs
for plant trans-
formation. The A. thaliana p-AtPXR (Atl g48130, GenBank ACO23673.3;
W02006089950; with
the prefix p- denoting promoter) seed specific promoter was used in the
reporter gene construct,
and firefly luciferase (Promega, Madison, WI, USA) was utilized as reporter
protein for quantita-
tively determining the expression enhancing effects of the NEENA molecules to
be analyzed.
The pENTR/A vector holding the p-AtPXR promoter was cloned via site specific
recombination
(BP-reaction) between the pDONR/A vector and p-AtPXR amplification products
with primers p-
AtPXR-for and p-AtPXR-rev (Table 3) on genomic DNA (see above) with site
specific recombi-
nation sites at either end according to the manufacturers manual (Invitrogen,
Carlsbad, CA,
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
USA). Positive pENTR/A clones underwent sequence analysis to ensure
correctness of p-
AtPXR promoter.
Table 3: Primer sequences (p-AtPXR)
SEQ
Primer name Sequence ID NO.
p-AtPXR-for ggggacaactttgtatagaaaagttggccacatcatgtttagacttatc 58
p-AtPXR-rev ggggactgcifitttgtacaaacttgtttaccttttatatttatatatag 59
5
An ENTR/B vector containing the firefly luciferase coding sequence (Promega,
Madison, WI,
USA) followed by the t-nos nopalin synthase transcriptional terminator
(Genbank V00087) was
generated. NEENA candidate PCR fragments (see above) were cloned separately
upstream of
the firefly luciferase coding sequence using Kpnl and Ncol restriction
enzymes. The resulting
10 pENTR/B vectors are summarized in table 4, with promoter molecules
having the prefix p-, cod-
ing sequences having the prefix c-, and terminator molecules having the prefix
t-.
Table 4: all pENTR/B vectors plus and minus NEENA candidates
Composition of the partial expression cassette
pENTR/B vector SEQ ID NO::reporter gene::terminator
LJKO1 MCS::c-LUC::t-nos
LJK19 SEQ ID N01::c-LUC::t-nos
LJK20 SEQ ID NO2::c-LUC::t-nos
LJK21 SEQ ID N08::c-LUC::t-nos
LJK22 SEQ ID N06::c-LUC::t-nos
LJK23 SEQ ID N09::c-LUC::t-nos
LJ K24 SEQ ID N016::c-LUC:1-nos
LJK25 SEQ ID N018::c-LUC::t-nos
LJK26 SEQ ID NO11::c-LUC::t-nos
LJK27 SEQ ID N013::c-LUC::t-nos
LJK28 SEQ ID N015::c-LUCT:t-nos
LJK29 SEQ ID NO10::c-LUCT:t-nos
LJK30 SEQ ID N017::c-LUC::t-nos
LJK31 SEQ ID N07::c-LUC::t-nos
LJK32 SEQ ID N05::c-LUC::t-nos
LJK33 SEQ ID NO3::c-LUC::t-nos
LJK34 SEQ ID N012::c-LUC:1-nos
LJK35 SEQ ID N019::c-LUC::t-nos
LJK36 SEQ ID N04::c-LUC::t-nos
LJK38 SEQ ID N014::c-LUC::t-nos
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
31
The pENTR/C vector was constructed by introduction of a multiple cloning site
(SEQ ID N060)
via Kpnl and HindlIl restriction sites. By performing a site specific
recombination (LR-reaction),
the created pENTR/A, pENTR/B and pENTR/C were combined with the pSUN
destination vec-
tor (pSUN derivative) according to the manufacturers (Invitrogen, Carlsbad,
CA, USA) Multisite
Gateway manual. The reactions yielded 1 binary vector with p-AtPXR promoter,
the firefly
luciferase coding sequence c-LUC and the t-nos terminator and 19 vectors
harboring SEQ ID
N01, NO2, NO3, N04, N05, N06, N07, N08, N09, NO10, NO11, N012, N013, N014,
N015,
NO16, NO17, NO18 and NO19 immediately upstream of the firefly luciferase
coding sequence
(Table 5), for which the combination with SEQ ID NO1 is given exemplary (SEQ
ID N061). Ex-
cept for varying SEQ ID NO2 to N019, the nucleotide sequence is identical
in all vectors (Table
5). The resulting plant transformation vectors are summarized in table 5:
Table 5: Plant expression vectors for A. thaliana transformation
plant expression vec- Composition of the expression cassette SEQ
tor Promoter::SEQ ID NO::reporter gene::terminator ID NO
LJK134 p-AtPXR::-::c-LUC::t-nos
LJK71 p-AtPXR::SEQ ID N01::c-LUC::t-nos 61
LJK72 p-AtPXR::SEQ ID NO2::c-LUC::t-nos
LJK73 p-AtPXR::SEQ ID N08::c-LUC::t-nos
LJK74 p-AtPXR::SEQ ID N06::c-LUC::t-nos
LJK75 p-AtPXR::SEQ ID N09::c-LUC::t-nos
LJK76 p-AtPXR::SEQ ID N016::c-LUC::t-nos
LJK77 p-AtPXR::SEQ ID NO18::c-LUC::t-nos
LJK78 p-AtPXR::SEQ ID NO11::c-LUC::t-nos
LiK-79 p-AtPXR::SEQ ID NO13::c-LUC::t-nos
LJK80 p-AtPXR::SEQ ID NO15::c-LUC::t-nos
LJK81 p-AtPXR::SEQ ID NO10::c-LUC::t-nos
LJK82 p-AtPXR::SEQ ID NO17::c-LUC::t-nos
LJK83 p-AtPXR::SEQ ID N07::c-LUC::t-nos
LJK84 p-AtPXR::SEQ ID N05::c-LUC::t-nos
LJK85 p-AtPXR::SEQ ID NO3::c-LUC::t-nos
LJK86 p-AtPXR::SEQ ID NO12::c-LUC::t-nos
LJK87 p-AtPXR::SEQ ID NO19::c-LUC::t-nos
LJK88 p-AtPXR::SEQ ID N04::c-LUC::t-nos
LJK90 p-AtPXR::SEQ ID N014::c-LUC::t-nos
The resulting vectors were subsequently used to generate transgenic A.
thaliana plants.
Example 2: Screening for NEENA molecules enhancing gene expression in
transgenic A.
thaliana plants
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
32
This example illustrates that only selected NEENA candidate molecules are
capable of enhanc-
ing gene expression.
All binary constructs containing the selected NEENA candidate molecules
described in example
1 were stably transformed into Arabidopsis thaliana plants along with a NEENA-
less control
construct. In order to generate transgenic A. thaliana plants, Agrobacterium
tumefaciens (strain
C58C1 pGV2260) was transformed with the various vector constructs described
above. For A.
thaliana transformation, the Floral Dip method was employed (Clough and Bent,
1998, Plant
Journal 16: 735-743). T1 transgenic plants were selected by germinating and
growing seedlings
on Kanamycin. After 12 days, cotyledons of transformants and wild-type control
plants were
sampled and distributed in 96 well plates preloaded with 50 micro! 0,5x
Murashige-Skoog Me-
dium and subjected to Luciferase reporter gene assays (amended protocol after
Weigel and
Glazebrook, 2002, Arabidopsis, a laboratory manual, Cold Spring Harbor
Laboratory Press,
Chapter 7, ISBN 0-87969-572-2). Luminescence of cotyledons was determined in a
solution
containing 0,1 mM D-Luciferin (Cat No: L-8220, BioSynth, Staad, Switzerland)
and 0,01 `)/0
Tween20 (Sigma Aldrich, St. Louis, USA) in a MicroLumat Plus LB96V (Berthold
Technologies,
Bad Wildbad, Germany) recorded at 60 min after D-Luciferin addition.
Instrument readings were
averaged for each construct and based on these average expression values, fold
change val-
ues were calculated to assess the impact of presence of a putative NEENA over
reporter gene
constructs lacking the respective putative NEENA. In comparison to seed
specific p-AtPXR
promoter-only NEENA-less reporter gene constructs, the 19 tested NEENA
candidates contain-
ing constructs showed negative as well as positive effects, ranging from 0,8-
fold to 22,2-fold
induction in Luciferase activity (Fig. 1). In total, 15 putative NEENA
molecules comprising se-
quences with SEQ ID N01, NO2, NO3, N04, N05, N06, N07, N08, N09, NO10, NO11,
N012,
NO13, NO14 and NO15 conferred a greater than 2,5-fold increase in gene
expression based on
luciferase reporter gene activity compared to the NEENA-less promoter-only
reporter gene con-
struct (Fig. 1) and hence are functional NEENA molecules. Since a number of
the tested
NEENA candidate molecules have marginal or even negative effects on the
enhancement of
gene expression, not all putative NEENA molecules are mediating a common
stimulatory effect,
but rather that the selected NEENA sequences convey significant enhancement of
gene ex-
pression (SEQ ID NO Ito 15).
Example 3: Test of NEENA molecules for seed specific enhancement of gene
expression in
oilseed rape plants
This example illustrates that NEENA molecules can be used across species to
enhance gene
expression of a tissue specific promoter compared to a NEENA-less promoter-
only approach.
NEENA molecules mediating the strongest enhancement in gene expression in the
pre-
screening (cp. Example 2, SEQ ID N01, NO2, NO3, N04, N05, N06 and N07) were
selected
for determining the enhancement on gene expression levels in transgenic
oilseed rape plants.
3.1 Vector construction for B. napus plant transformation
For transformation of oilseed rape plants, reporter gene expression cassettes
without and with
gene expression control molecules (SEQ IDs NO1 - N07) were combined with a
gene expres-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
33
sion cassette carrying a selectable marker gene for detecting transgenic plant
lines within a
pENTR/C vector. By performing a site specific recombination (LR-reaction), as
previously de-
scribed (see above, 1.3), the pENTR/A, pENTR/B and the pENTR/C carrying the
selectable
marker cassette were combined with the pSUN destination vector according to
the manufactur-
ers (Invitrogen, Carlsbad, CA, USA) Multisite Gateway manual. The reactions
yielded one bi-
nary vector with p-AtPXR promoter, the firefly luciferase coding sequence c-
LUC, the t-nos ter-
minator and the selectable marker cassette as well as 7 vectors harboring SEQ
ID N01, NO2,
NO3, N04, N05, N06 and N07 immediately upstream of the firefly luciferase
coding sequence
(Table 6), for which the combination with SEQ ID NO1 is given exemplary (SEQ
ID N062). Ex-
cept for varying SEQ ID NO2 to N07, the nucleotide sequence is identical in
all vectors (Table
6). The resulting plant transformation vectors are summarized in table 6:
Table 6: Plant expression vectors for B. napus transformation
plant expression Composition of the expression cassette SEQ
= vector Promoter::SEQ ID NO::reporter gene::terminator ID NO
LJK148
LJK156 p-AtPXR::SEQ ID N01::c-LUC::t-nos 62
LJK157 p-AtPXR::SEQ ID NO2::c-LUC::t-nos
LJK158 p-AtPXR::SEQ ID N07::c-LUC::t-nos
LJK159 p-AtPXR::SEQ ID N05::c-LUC::t-nos
LJK160 p-AtPXR::SEQ ID N04::c-LUC::t-nos
LJK161 p-AtPXR::SEQ ID N06::c-LUC::t-nos
LJK162 p-AtPXR::SEQ ID NO3::c-LUC::t-nos
3.2 Generation of transgenic rapeseed plants (amended protocol according to
Moloney et al.,
1992, Plant Cell Reports, 8: 238-242).
In preparation for the generation of transgenic rapeseed plants, the binary
vectors were trans-
formed into Agrobacterium tumefaciens C58C1:pGV2260 (Deblaere et al., 1985,
Nucl. Acids.
Res. 13: 4777-4788). A 1:50 dilution of an overnight culture of Agrobacteria
harboring the re-
spective binary construct was grown in Murashige-Skoog Medium (Murashige and
Skoog, 1962,
Physiol. Plant 15, 473) supplemented with 3 % saccharose (3MS-Medium). For the
transforma-
tion of rapeseed plants, petioles or hypocotyledons of sterile plants were
incubated with a 1:50
Agrobacterium solution for 5¨ 10 minutes followed by a three-day co-incubation
in darkness at
C on 3 MS. Medium supplemented with 0,8 % bacto-agar. After three days, the
explants
25 were transferred to MS-medium containing 500 mg/I Claforan (Cefotaxime-
Sodium), 100 nM
Imazetapyr, 20 microM Benzylaminopurin (BAP) and 1,6 g/I Glucose in a 16 h
light 8 h dark-
ness light regime, which was repeated in weekly periods. Growing shoots were
transferred to
MS-Medium containing 2 % saccharose, 250 mg/I Claforan and 0,8 % Bacto-agar.
After 3
weeks, the growth hormone 2-Indolbutyl acid was added to the medium to promote
root forma-
tion. Shoots were transferred to soil following root development, grown for
two weeks in a
growth chamber and grown to maturity in greenhouse conditions.
3.3 Plant analysis
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
34
Tissue samples were collected from the generated transgenic plants from
leaves, flowers and
seeds of varying developmental stages, stored in a freezer at -80 C subjected
to a Luciferase
reporter gene assay (amended protocol after Ow et al., 1986). After grinding,
the frozen tissue
samples were resuspended in 800 microl of buffer 1(0,1 M Phosphate buffer
pH7,8, 1 mM DTT
(Sigma Aldrich, St. Louis, MO, USA), 0,05 % Tween 20 (Sigma Aldrich, St.
Louis, MO, USA)
followed by centrifugation at 10 000 g for 10 min. 75 microl of the aqueous
supernatant were
transferred to 96-well plates. After addition of 25 microl of buffer 11 (80 mM
gycine-glycyl (Carl
Roth, Karlsruhe, Germany), 40 mM MgSO4 (Duchefa, Haarlem, The Netherlands), 60
mM ATP
(Sigma Aldrich, St. Louis, MO, USA), pH 7,8) and D-Luciferin to a final
concentration of 0,5 mM
(Cat No: L-8220, BioSynth, Staad, Switzerland), luminescence was recorded in a
MicroLumat
Plus LB96V (Berthold Technologies, Bad Wildbad, Germany) yielding the unit
relative light unit
RLU per minute (RLU/min).
In order to normalize the luciferase activity between samples, the protein
concentration was
determined in the aqueous supernatant in parallel to the luciferase activity
(adapted from Brad-
ford, 1976, Anal. Biochem. 72, 248). 5 microl of the aqueous cell extract in
buffer I were mixed
with 250 microl of Bradford reagent (Sigma Aldrich, St. Louis, MO, USA),
incubated for 10 min
at room temperature. Absorption was determined at 595 nm in a plate reader
(Thermo Electron
Corporation, Multiskan Ascent 354). The total protein amounts in the samples
were calculated
with a previously generated standard concentration curve. Values resulting
from a ratio of
RLU/min and mg protein/ml sample were averaged for transgenic plants harboring
identical
constructs and fold change values were calculated to assess the impact of
NEENA molecule
presence over NEENA-less reporter gene constructs.
3.4 NEENA sequences mediate strong enhancement of gene expression in oilseed
rape seeds
For assessing the potential of enhancing gene expression of selected NEENA
molecules (SEQ
ID N01, NO2, NO3, N04, NO5, N06, NO7) in oilseed rape seeds, seeds of
identical develop-
mental stages were collected from individual transgenic oilseed rape plant
lines harboring either
a promoter-only reporter gene construct or Luciferase reporter gene constructs
containing a
NEENA (SEQ ID N01, NO2, NO3, N04, N05, N06 or N07). 10 seeds were collected
from
each transgenic event, processed and analyzed for Luciferase activity as
described above (Ex-
ample 3.3).
In comparison to seed specific p-AtPXR promoter-only NEENA-less reporter gene
constructs,
the 7 tested NEENA molecules all mediated strong enhancements in gene
expression, ranging
from 54-fold to 380-fold induction in Luciferase activity in canola seeds
(Fig. 2a). Comparable
enhancement of expression was detected in oilseed rape seeds in later
maturation stages (data
not shown).
3.5 NEENA molecules boost gene expression tissue specifically in oilseed rape
seeds
To assess the tissue specific enhancement of gene expression mediated by the
NEENA mole-
cules (SEQ ID N01, NO2, NO3, N04, NO5, N06 or NO7), Luciferase activity was
determined in
fully developed leaves and open flowers of the transgenic oilseed rape plants
harboring the re-
porter gene constructs outlined above. Three leaf samples of identical size as
well as a whole
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
flower were collected from each plant separately and subjected to Luciferase
reporter gene as-
says as described above (Example 3.3). 5 (Seq. ID N01, NO2, NO3, N04, N05) of
the 7 tested
NEENA molecules showed Luciferase expression levels comparable to that of the
NEENA-less
p-AtPXR promoter construct in leaves and flowers and thus do not alter the
tissue specificity of
5 the seed-specific p-AtPXR promoter (Fig. 2, b and c). 2 NEENA molecules
(SEQ ID N06, N07)
slightly enhanced Luciferase activity in leaves and flowers of the analyzed
oilseed rape plants
(Fig. 2, b and c) compared to plants comprising the NEENA-less construct.
Hence, these
NEENAs SEQ ID NO 6 and 7 are seed preferential NEENAs whereas the other NEENAs
SEQ
ID NO 1 to 5 are seed-specific NEENAs.
Example 4: Analysis of NEENA for seed specific enhancement of strong seed
specific promot-
ers
This example illuminates that the expression enhancing capabilities of NEENA
molecules can
be used in combination with a variety of promoter molecules in order to
enhance tissue specific
expression levels compared to that of promoters alone.
4.1 Vector construction for B. napus plant transformation
Selected NEENA molecules of the group tested in example 3 (SEQ IDs N01, NO2,
NO3, N05
and N06) were tested for their effect on enhancing tissue specific gene
expression of strong
seed specific promoters p-LuPXR (W02006089950, Sequence 9) and p-VfUSP
(X56240, Bae-
umlein et al., 1991). Vector construction was performed as described above
(cp. Example 1.3
and 3.1), with the primer sequences outlined in table 7 and vector LJB765
(W02009016202) as
DNA template. Positive pENTR/A clones underwent sequence analysis to ensure
correctness of
p-LuPXR and p-VfUSP promoters.
Table 7: Primer sequences for p-LuPXR and p-VfUSP
SEQ
Primer name Sequence ID NO.
p-LuPXR-for ggggacaactttgtatagaaaagttcacgggcaggacatagggactactac 63
p-LuPXR-rev ggggactgcttttttgtacaaacttggatttatgataaaaatgtcggtttc 64
p-VfUSP-for ggggacaactttgtatagaaaagttctgcagcaaatttacacattgccac 65
p-VfUSP-rev ggggactgcifitttgtacaaacttgactggctatgaagaaattataatc 66
By performing a site specific recombination (LR-reaction) as previously
described (see above,
1.3), the pENTR/A, pENTR/B vectors and the pENTR/C vector carrying the
selectable marker
cassette were combined with the pSUN destination vector according to the
manufacturers (Invi-
trogen, Carlsbad, CA, USA) Multisite Gateway manual. The reactions yielded 1
binary vector
with p-LuPXR promoter, the firefly luciferase coding sequence and the t-nos
terminator as well
as the selectable marker cassette and 4 vectors harboring SEQ ID N01, NO2, NO3
and N06
immediately upstream of the firefly luciferase coding sequence (Table 8), for
which the combi-
nation with SEQ ID NO1 is given exemplary (SEQ ID N067). Except for varying
SEQ ID NO2,
NO3 and N06, the nucleotide sequence is identical in all vectors (Table 8).
Similarly, the p-
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
36
VfUSP promoter was used to generate the promoter-only construct LJK219 as well
as con-
structs UK220, UK221, LJK224 and UK225 containing SEQ lDs N01, NO2, NO3 and
N05
(Table 8). The resulting plant transformation vectors are summarized in table
8:
Table 8: Plant expression vectors for B. napus transformation
SEQ
plant expression Composition of the expression cassette ID
vector Promoter::SE0 ID NO::reporter gene::terminator NO
LJK212 p-LuPXR::-::c-LUC::t-nos
LJK213 p-LuPXR::SEQ ID N01::c-LUCA-nos 67
LJK214 p-LuPXR::SEQ ID NO2::c-LUC::t-nos
UK215 p-LuPXR::SEQ ID N06::c-LUC::t-nos
LJK218 p-LuPXR::SEQ ID NO3::c-LUC::t-nos
LJK219 p-VfUSP::-::c-LUC::t-nos
UK220 p-VfUSP::SEQ ID N01::c-LUC::t-nos
LJK221 p-VfUSP::SEQ ID NO2::c-LUC::t-nos
UK224 p-VfUSP::SEQ ID N05::c-LUC::t-nos
UK225 p-VfUSP::SEQ ID NO3::c-LUC::t-nos
4.2 NEENA sequences mediate tissue specific enhancement of gene expression of
strong seed
specific promoters in oilseed rape seeds
Generation of transgenic rapeseed plants and plant analyses were conducted as
described
above (example 3.2 and 3.3).
In order to test the effect of selected NEENA molecules in combination with
seed specific pro-
moters (SEQ ID N01, NO2, NO3, N05 and N06) in oilseed rape seeds, seeds of
identical de-
velopmental stages were collected from individual transgenic oilseed rape
plant lines harboring
either a promoter-only reporter gene construct (LJK212 and LJK219) or
Luciferase reporter
gene constructs containing a NEENA (SEQ ID N01, NO2, NO3, N05 and N06) (Table
9). From
each transgenic event, 10 seeds were collected, processed and analyzed for
Luciferase activity
as described above (Example 3.3).
In comparison to seed specific p-LuPXR and p-VfUSP promoter-only NEENA-less
reporter gene
constructs, all tested NEENA molecules mediated strong enhancements in gene
expression in
oilseed rape seeds of medium maturity in combination with both, the p-LuPXR
and p-VfUSP
promoter (Table 9) . Similar enhancement of expression was detected in oilseed
rape seeds in
later maturation stages.
Table 9: LUC expression in seeds of stably transformed oilseed rape plants.
plant ex- Composition of the expression cassette LUC expression
pression Promoter::SEQ ID NO::reporter gene::terminator in oilseed
rape
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
37
vector seeds*
LJK212 p-LuPXR::-::c-LUC::t-nos 20%**
LJK213 p-LuPXR::SEQ ID N01::c-LUC::t-nos ++++ go%
LJK214 p-LuPXR::SEQ ID NO2::c-LUC::t-nos ++++ go%
LJK215 p-LuPXR::SEQ ID N06::c-LUCi-nos ++++ 80%
LJK218 p-LuPXR::SEQ ID NO3::c-LUC::t-nos ++++ go%
LJK219 p-VfUSP::-::c-LUC::t-nos ++ 40%
LJK220 p-VfUSP::SEQ ID N01::c-LUC::t-nos +++++ 100%
LJK221 p-VfUSP::SEQ ID NO2::c-LUC::t-nos +++++ 100%
LJK224 p-VfUSP::SEQ ID N05::c-LUC::t-nos ++++ 80%
LJK225 p-VfUSP::SEQ ID NO3::c-LUC::t-nos +++++ 100%
*LUC expression given as a range of firefly luciferase activities (- no
expression to +++++ very
high expression), relative LUC expression compared to the expression of the
linseed p-LuPXR
promoter within the respective tissue. ** Relative luciferase expression
compared to the expres-
sion controlled by the linseed peroxiredoxin promoter p-LuPXR.
To assess the tissue specific enhancement of gene expression mediated by the
NEENA mole-
cules (SEQ ID N01, NO2, NO3, N05 and N06), Luciferase activity was determined
in fully de-
veloped leaves of the transgenic oilseed rape plants harboring the reporter
gene constructs out-
lined above. 3 leaf samples of identical size were collected from each plant
separately and sub-
jected to Luciferase reporter gene assays as described above (Example 3.2).
The tissue speci-
ficities of the tested NEENA molecules (SEQ ID N01, NO2, NO3, N05, N06) in
combination
with the p-LuPXR promoter and the p-VfUSP promoter resemble those tested with
the p-AtPXR
promoter analyzed above (example 3.5). As with the p-AtPXR promoter (example
3.5), the
NEENA molecules (SEQ ID N01, NO2, NO3 and N05) showed no alteration of the
tissue speci-
ficity of the p-LuPXR or p-VfUSP promoter (Table 10). Similar to the activity
with the p-AtPXR
promoter (example 3.5), the NEENA (SEQ ID N06) conveyed enhancement of
Luciferase activ-
ity in seeds, but also mediated Luciferase expression in the leaves of the
analyzed oilseed rape
plants (Table 10).
Table 10: LUC expression in leaves of stably transformed oilseed rape plants.
plant ex- LUC expression
pression Composition of the expression cassette in oilseed rape
vector Promoter::SEQ ID NO::reporter gene: :terminator leaves*
LJK212 p-LuPXR::-::c-LUC::t-nos 0%**
LJK213 p-LuPXR::SEQ ID N01::c-LUC:1-nos 0%
LJK214 p-LuPXR::SEQ ID NO2::c-LUCA-nos 0%
LJK215 p-LuPXR::SEQ ID N06::c-LUCA-nos 100%
LJK218 p-LuPXR::SEQ ID NO3::c-LUCA-nos 0%
LJK219 p-VfUSP::-::c-LUC::t-nos 0%
LJK220 p-VfUSP::SEQ ID N01::c-LUC::t-nos 0%
LJK221 p-VfUSP::SEQ ID NO2::c-LUC::t-nos 0%
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
38
LJK224 p-VfUSP::SEQ ID N05::c-LUC::t-nos 0%
LJK225 p-VfUSP::SEQ ID NO3::c-LUC::t-nos 0%
"LUC expression given as a range of firefly luciferase activities (- no
expression to +++++ very
high expression), relative LUC expression compared to the expression of the
linseed p-LuPXR
promoter within the respective tissue.** Relative luciferase expression
compared to the expres-
sion controlled by the linseed peroxiredoxin promoter p-LuPXR.
Example 5: Analysis of tissue specific enhancement of gene expression in
soybean plants
This example illustrates that the claimed NEENA molecules can be used in a
wide array of plant
species and across species borders from different plant families to enhance
gene expression
tissue specifically compared to a NEENA-less promoter-only approach.
NEENA sequence molecules mediating the strongest enhancement in gene
expression in the
pre-screening (cp. Example 2, SEQ ID N01, NO2, N04, N05, N06 and N07) were
selected for
determining the enhancement on gene expression levels in transgenic soybean
plants. Plant
expression vectors LJK148, LJK156, LJK157, LJK158, LJK159, LJK160 and LJK161
(cp. ex-
ample 3.1) were used for stable soybean transformation.
5.1 Generation of transgenic soybean plants (amended protocol according to
W02005/121345;
Olhoft et al., 2007).
Soybean seed germination, propagation, A. rhizogenes and axillary meristem
explant prepara-
tion, and inoculations were done as previously described (W02005/121345;
Olhoft et al., 2007)
with the exception that the constructs LJK148, LJK156, LJK157, LJK158, LJK159,
LJK160 and
LJK161 (cp. example 3.1) each contained a mutated AHAS gene driven by the
parsley ubiquitin
promoter PcUbi4-2, mediating tolerance to imidazolinone herbicides for
selection.
5.2 NEENA sequences mediate strong enhancement of gene expression in soybean
plants un-
der maintenance of promoter tissue specificity
Tissue samples were collected from the generated transgenic plants from
leaves, flowers and
seeds. The tissue samples were processed and analyzed as described above (cp.
example 3.3)
In comparison to the seed-specific p-AtPXR promoter-only NEENA-less reporter
gene construct
LJK148, the seven tested NEENA molecules all mediated strong enhancements in
gene ex-
pression in soybean seeds based on Luciferase activity (Fig. 3a). In contrast,
no significant al-
terations in Luciferase activity mediated by NEENA molecules (SEQ ID N01, NO2,
N04, N05,
N06 and N07) could be detected in soybean leaves and flowers (Fig. 3, b and
c).
Example 6: Analysis of NEENA activity in monocotyledonous plants
This example describes the analysis of NEENA sequences with SEQ ID NO 1, 2, 3,
4, 5, 6 and
7 in monocotyledonous plants.
6.1 Vector Construction
For analyzing NEENA sequences with SEQ ID NO 1, 2, 3, 4, 5, 6 and 7 in
monocotyledonous
plants, a pUC-based expression vector harboring an expression cassette
composed of the
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
39
NEENA-less, seed specific monocotyledonous promoter p-KG86 from Z. mais is
combined with
a coding sequence of the beta-Glucuronidase (GUS) gene followed by the
nopaline synthase
(NOS) transcriptional terminator is used. Genomic DNA is extracted from A.
thaliana green tis-
sue using the Qiagen DNeasy Plant Mini Kit (Qiagen, Hilden, Germany). Genomic
DNA frag-
ments containing NEENA molecules are isolated by conventional polymerase chain
reaction
(PCR). Primers are designed on the basis of the A. thaliana genome sequence
with a multitude
of NEENA candidates. The reaction comprises 7 sets of primers (Table 11) and
follows the pro-
tocol outlined by Phusion High Fidelity DNA Polymerase (Cat No F-540L, New
England Biolabs,
Ipswich, MA, USA) using the following primers:
Table 11: Primer sequences
PCR
SEQ yielding
ID SEQ ID
Primer name Sequence NO NO
NEENAssi_forll aataatggcgcgcctggtgcttaaacactctggtgagt 68 1
NEENAssi_revIl aataatggcgcgcctttgacctacaaaatcaaagcagtca 69
NEENAss2_forll ttttttggcgcgccagttctttgctttcgaagttgc 70 2
NEENAss2_revIl tttlitggcgcgcctactacgtactgifitcaattct 71
NEENAss4_forll aataaaggcgcgccgtccagaattttctccattga 72 6
NEENAss4_revIl aataaaggcgcgcctcttcactatccaaagctctca 73
NEE NAss1 3_f0r1 I ttttatggcgcgcctagcttaatctcagattcgaatcgt 74 7
N EE NAss13_revIl ttttatggcgcgcctagtatctacataccaatcatacaaatg 75
NEENAss14_forll ttttttggcgcgcctttcacgatttggaatttga 76 5
NEENAss 1 4_1: ev II tffittggcgcgcctctacaacattaaaacgaccatta 77
NEENAss15 forll tatataggcgcgccagggtttcgttffigifica 78 3
NEENAss15JevIl tatataggcgcgccttatctcctgctcaaagaaacca 79
NEE NAss1 8_forl I tatataggcgcgccactgtttaagcttcactgtct 80 4
NE ENAss1 8_revl I tatataggcgcgcctttcttctaaagctgaaagt 81
Amplification during the PCR and purification of the amplification products is
carried out as de-
tailed above (example 1.2). Following a DNA restriction digest with Ascl (10
U/microl) restriction
endonuclease, the digested products are purified with the Qiagen Gel
Extraction Kit (Qiagen,
Hilden, Germany).
NEENA PCR fragments (see above) are cloned separately upstream of the beta-
Glucuronidase
coding sequence using Ascl restriction sites. The reaction yields one binary
vector with the p-
KG86 promoter, the beta-Glucuronidase coding sequence c-GUS and the t-nos
terminator and
seven vectors harboring SEQ ID N01, NO2, NO3, N04, N05, N06 and N07,
immediately up-
stream of the beta-Glucuronidase coding sequence (Table 12), for which the
combination with
SEQ ID NO1 is given exemplary (SEQ ID N082). Except for varying SEQ ID NO2 to
N07, the
nucleotide sequence is identical in all vectors (Table 12). The resulting
vectors are summarized
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
in table 12, with promoter molecules having the prefix p-, coding sequences
having the prefix c-,
and terminator molecules having the prefix t-.
5 Table 12: Plant expression vectors
plant expres- Composition of the expression cassette SEQ ID
sion vector Promoter::SEQ ID NO::reporter gene::terminator NO
RTP2933 p-KG86::-::c-GUS::t-nos
LJK351 p-KG86::SEQ ID N01::c-GUS::t-nos 82
LJK352 p-KG86::SEQ ID NO2::c-GUS::t-nos
LJK353 p-KG86::SEQ ID NO3::c-GUS::t-nos
LJK354 p-KG86::SEQ ID N04::c-GUS::t-nos
LJK355 p-K086::SEQ ID N05::c-GUS::t-nos
LJK356 p-KG86::SEQ ID N06::c-GUS::t-nos
LJK357 p-KG86::SEQ ID N07::c-GUS::t-nos
The resulting vectors are used to analyze NEENA molecules in experiments
outlined below (ex-
ample 6.2).
10 6.2 Analysis of NEENA molecules enhancing gene expression in
monocotyledonous plant tis-
sues
These experiments are performed by bombardment of monocotyledonous plant
tissues or cul-
ture cells (Example 6.2.1) or by Agrobacterium-mediated transformation
(Example 6.2.2). The
target tissue for these experiments can be plant tissues (e.g. leaf tissue),
cultured plant cells
15 (e.g. maize Black Mexican Sweetcorn (BMS), or plant embryos for
Agrobacteriunn protocols.
6.2.1 Transient assay using microprojectile bombardment
The plasmid constructs are isolated using Qiagen plasmid kit (cat# 12143). DNA
is precipitated
onto 0.6 microM gold particles (Bio-Rad cat# 165 -2262) according to the
protocol described by
20 Sanford et al. (1993) (Optimizing the biolistic process for different
biological applications. Meth-
ods in Enzymology, 217: 483-509) and accelerated onto target tissues (e.g. two
week old maize
leaves, BMS cultured cells, etc.) using a PDS-1000/He system device (Bio-Rad).
All DNA pre-
cipitation and bombardment steps are performed under sterile conditions at
room temperature.
Black Mexican Sweet corn (BMS) suspension cultured cells are propagated in BMS
cell culture
25 liquid medium [Murashige and Skoog (MS) salts (4.3 g/L), 3% (w/v)
sucrose, myo-inositol (100
mg/L), 3 mg/L 2,4-dichlorophenoxyacetic acid (2,4-D), casein hydrolysate (1
g/L), thiamine (10
mg/L) and L-proline (1.15 g/L), pH 5.8]. Every week 10 mL of a culture of
stationary cells are
transferred to 40 mL of fresh medium and cultured on a rotary shaker operated
at 110 rpm at
27 C in a 250 mL flask.
60 mg of gold particles in a siliconized Eppendorf tube are resuspended in
100% ethanol fol-
lowed by centrifugation for 30 seconds. The pellet is rinsed once in 100%
ethanol and twice in
sterile water with centrifugation after each wash. The pellet is finally
resuspended in 1 mL sterile
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
41
50% glycerol. The gold suspension is then divided into 50 microL aliquots and
stored at 4 C.
The following reagents are added to one aliquot: 5 microL of 1 microg/microL
total DNA, 50 mi-
croL 2.5 M CaCl2, 20 microL 0.1 M spermidine, free base. The DNA solution is
vortexed for 1
minute and placed at -80 C for 3 min followed by centrifugation for 10
seconds. The super-
natant is removed. The pellet is carefully resuspended in 1 mL 100% ethanol by
flicking the tube
followed by centrifugation for 10 seconds. The supernatant is removed and the
pellet is carefully
resuspended in 50 microL of 100% ethanol and placed at -80 C until used (30
min to 4 hr prior
to bombardment). If gold aggregates are visible in the solution the tubes are
sonicated for one
second in a waterbath sonicator just prior to use.
For bombardment, two -week-old maize leaves are cut into pieces approximately
1 cm in length
and placed ad-axial side up on osmotic induction medium M-N6-702 [N6 salts
(3.96 g/L), 3%
(w/v) sucrose, 1.5 mg/L 2,4 -dichlorophenoxyacetic acid (2,4-D), casein
hydrolysate (100 mg/L),
and L-proline (2.9 g/L), MS vitamin stock solution (1 mL/L), 0.2 M mannitol,
0.2 M sorbitol, pH
5.8]. The pieces are incubated for 1-2 hours.
In the case of BMS cultured cells, one-week-old suspension cells are pelleted
at 1000 g in a
Beckman/Coulter Avanti J25 centrifuge and the supernatant is discarded. Cells
are placed onto
round ash-free No 42 Whatman filters as a 1/16 inch thick layer using a
spatula. The filter pa-
pers holding the plant materials are placed on osmotic induction media at 27 C
in darkness for
1-2 hours prior to bombardment. Just before bombardment the filters are
removed from the me-
dium and placed onto on a stack of sterile filter paper to allow the calli
surface to partially dry.
Each plate is shot with 6 microL of gold -DNA solution twice, at 1,800 psi for
the leaf materials
and at 1,100 psi for the BMS cultured cells. To keep the position of plant
materials, a sterilized
wire mesh screen is laid on top of the sample. Following bombardment, the
filters holding the
samples are transferred onto M-N6-702 medium lacking mannitol and sorbitol and
incubated for
2 days in darkness at 27 C prior to transient assays.
The transient transformation via microprojectile bombardment of other
monocotyledonous
plants are carried out using, for example, a technique described in Wang et
al., 1988 (Transient
expression of foreign genes in rice, wheat and soybean cells following
particle bombardment.
Plant Molecular Biology, 11(4), 433-439), .Christou, 1997 (Rice
transformation: bombardment.
Plant Mol Biol. 35 (1-2)).
Expression levels of the expressed genes in the constructs described above
(example 6.1) are
determined by GUS staining, quantification of luminescence /fluorescence, RT-
PCR, protein
abundance (detection by specific antibodies) or metabolic products generated
via the expres-
sion cassettes described above using the protocols in the art. GUS staining is
done by incubat-
ing the plant materials in GUS solution [100 mM NaHPO4, 10 mM EDTA, 0.05%
Triton X100,
0.025% X-Gluc solution (5-bromo-4-chloro -3-indolyl-beta-D-glucuronic acid
dissolved in
DMSO), 10% methanol, pH 7.0] at 37 C for 16-24 hours. Plant tissues are
vacuum-infiltrated 2
times for 15 minutes to aid even staining. Analyses of luciferase activities
are performed as de-
scribed above (see example 2 and 3.3).
In comparison to seed specific p-ZmKG86 promoter-only NEENA-less reporter gene
constructs,
the NEENA molecules all mediate strong enhancement in gene expression in these
assays.
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
42
6.2.2 Transformation and regeneration of monocotyledonous crop plants
The Agrobacterium-mediated plant transformation using standard transformation
and regenera-
tion techniques may also be carried out for the purposes of transforming crop
plants (Gelvin and
Schilperoort, 1995, Plant Molecular Biology Manual, 2nd Edition, Dordrecht:
Kluwer Academic
Publ. ISBN 0-7923-2731-4; Glick and Thompson (1993) Methods in Plant Molecular
Biology and
Biotechnology, Boca Raton: CRC Press, ISBN 0-8493-5164-2). The transformation
of maize or
other monocotyledonous plants can be carried out using, for example, a
technique described in
US 5,591,616. The transformation of plants using particle bombardment,
polyethylene glycol-
mediated DNA uptake or via the silicon carbonate fiber technique is described,
for example, by
Freeling & Walbot (1993) "The maize handbook" ISBN 3-540-97826-7, Springer
Verlag New
York).
Expression levels of the expressed genes are determined by GUS staining,
quantification of
luminescence or fluorescence, RT-PCR or protein abundance (detection by
specific antibodies)
using the protocols in the art. GUS staining is done by incubating the plant
materials in GUS
solution [100 mM NaHPO4, 10 mM EDTA, 0.05% Triton X100, 0.025% X-Gluc solution
(5-
bromo-4-chloro -3-indolyl-beta-D-glucuronic acid dissolved in DMSO), 10%
methanol, pH 7.0] at
37 C for 16-24 hours. Plant tissues are vacuum-infiltrated 2 times for 15
minutes to aid even
staining. Analyses of luciferase activities are performed as described above
(examples 2 and
3.3).
In comparison to seed specific p-ZmKG86 promoter-only NEENA-less reporter gene
constructs,
the NEENA molecules mediate strong and tissue specific enhancement in gene
expression in
plants.
Example 7: Quantitative analysis of NEENA activity in monocotyledonous plants
This example describes the analysis of NEENA sequences with SEQ ID NO 1 and 2
in corn
plants.
7.1 Vector Construction
For analyzing NEENA sequences with SEQ ID NO 1 and 2 in monocotyledonous
plants quanti-
tatively, a pUC-based expression vector harboring an expression cassette
composed of the
NEENA-less, seed specific monocotyledonous promoter p-KG86 from Z. mais was
combined
with a coding sequence of the firefly luciferase (LUC) gene (Promega, Madison,
WI, USA) fol-
lowed by the nopaline synthase (NOS) transcriptional terminator. Genomic DNA
was extracted
from A. thaliana green tissue using the Qiagen DNeasy Plant Mini Kit (Qiagen,
Hilden, Ger-
many). Genomic DNA fragments containing NEENA molecules were isolated by
conventional
polymerase chain reaction (PCR). Primers were designed on the basis of the A.
thaliana ge-
nome sequence with a multitude of NEENA candidates. The reaction comprised 2
sets of prim-
ers (Table 11) and followed the protocol outlined by Phusion High Fidelity DNA
Polymerase
(Cat No F-540L, New England Biolabs, Ipswich, MA, USA) using the following
primers:
Table 11: Primer sequences
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
43
SEQ PCR yield-
ID ing SEQ
Primer name Sequence No ID NO
NEE NAssl_forl II atatacgcgtggtgcttaaacactctggtgagt 83 1
N EENAssl_revl II atatggcgcgcctttgacctacaaaatcaaagcagtca 84
NEENAss2_forIll atatacgcgtagttctttgctttcgaagttgc 85 2
N E E NAss2_revl I I atatgg cgcgcctacta cgtactgttttcaattct 86
Amplification during the PCR and purification of the amplification products
was carried out as
detailed above (example 1.2). Following a DNA restriction digest with Mlul (10
U/microl) and
Ascl (10 U/microl) restriction endonucleases, the digested products were
purified with the
Qiagen Gel Extraction Kit (Qiagen, Hilden, Germany).
NEENA PCR fragments (see above) were cloned separately upstream of the firefly
luciferase
coding sequence using Ascl restriction sites. The reaction yielded one binary
vector with the p-
KG86 promoter, the firefly luciferase coding sequence c-LUC and the t-nos
terminator and two
vectors harboring SEQ ID NO1 and NO2, immediately upstream of the firefly
luciferase coding
sequence (Table 12), for which the combination with SEQ ID NO1 is given
exemplary (SEQ ID
N087). Except for varying SEQ ID NO2, the nucleotide sequence is identical in
the vectors (Ta-
ble 12). The resulting vectors are summarized in table 12, with promoter
molecules having the
prefix p-, coding sequences having the prefix c-, and terminator molecules
having the prefix t-.
Table 12: Plant expression vectors
plant expression Composition of the expression cassette SEQ ID
vector Promoter: :SEQ ID NO::reporter gene::terminator NO
RTP5679 p-KG86::-::c-LUC::t-nos
RTP5683 p-KG86::SEQ ID N01::c-LUC::t-nos 87
RTP5684 p-KG86::SE0 ID NO2::c-LUC::t-nos
The resulting vectors were used to analyze NEENA molecules in experiments
outlined below
(Example 7.2).
7.2 Generation of transgenic maize plants
Maize germination, propagation, A. tumefaciens preparation and inoculations
were done as
previously described (W02006136596, US20090249514) with the exception that the
constructs
RTP5679, RTP5683 and RTP5684 (cp. example 7.1) each contained a mutated AHAS
gene
driven by the corn ubiquitin promoter p-Ubi, mediating tolerance to
imidazolinone herbicides for
selection.
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
44
7.3 NEENA sequences mediate strong and tissue specific enhancement of gene
expression in
corn plants
Tissue samples were collected from the generated transgenic plants from leaves
and kernels.
The tissue samples were processed and analyzed as described above (cp. example
3.3)
In comparison to the seed-specific p-KG86 promoter-only NEENA-less reporter
gene construct,
the two tested NEENA molecules (SEQ ID NO1 and NO2) mediated strong
enhancements in
gene expression in kernel (Fig. 4a). In contrast, no significant alterations
in Luciferase activity
mediated by NEENA molecules (SEQ ID NO1 and NO2) could be detected in maize
leaves
(Fig. 4b).
Example 8: Quantitative analysis of NEENA activity in rice plants
This example describes the analysis of NEENA sequences with SEQ ID NO 1 and 2
in rice
plants.
8.1 Vector Construction
For analyzing NEENA sequences with SEQ ID NO 1 and 2 in rice plants
quantitatively,
pENTR/B vectors LJK1, LJK19 and LJK20 (compare example 1.3) were combined with
a desti-
nation vector harboring the seed preferred rice PR00090promoter upstream of
the recombina-
tion site using site specific recombination (LR-reaction) according to the
manufacturers (Invitro-
gen, Carlsbad, CA, USA) Gateway manual. The reactions yielded one binary
vector with
PR00090 promoter, the firefly luciferase coding sequence c-LUC and the t-nos
terminator as
well as 2 vector harboring SEQ ID NO1 and NO2 immediately upstream of the
firefly luciferase
coding sequence (Table 13). Except for varying SEQ ID NO2, the nucleotide
sequence is iden-
tical in the vectors (Table 13). The resulting vectors are summarized in table
13, with promoter
molecules having the prefix p-, coding sequences having the prefix c-, and
terminator molecules
having the prefix t-.
Table 13: Plant expression vectors
plant expression Composition of the expression cassette SEQ ID
vector Promoter::SEQ ID NO::reporter gene: :terminator NO
CD30977 p- PR00090::-::c-LUC::t-nos
CD30971 p- PR00090::SEQ ID N01::c-LUC::t-nos
CD30972 p- PR00090::SEQ ID NO2::c-LUC::t-nos
The resulting vectors were used to analyze NEENA molecules in experiments
outlined below
(Example 8.2).
8.2 Generation of transgenic rice plants
The Agrobacterium containing the respective expression vector was used to
transform Oryza
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
sativa plants. Mature dry seeds of the rice japonica cultivar Nipponbare were
dehusked. Sterili-
zation was carried out by incubating for one minute in 70% ethanol, followed
by 30 minutes in
0.2% HgC12, followed by a 6 times 15 minutes wash with sterile distilled
water. The sterile
seeds were then germinated on a medium containing 2,4-D (callus induction
medium). After
5 incubation in the dark for four weeks, embryogenic, scutellum-derived
calli were excised and
propagated on the same medium. After two weeks, the calli were multiplied or
propagated by
subculture on the same medium for another 2 weeks. Embryogenic callus pieces
were sub-
cultured on fresh medium 3 days before co-cultivation (to boost cell division
activity).
10 Agrobacterium strain LBA4404 containing the respective expression vector
was used for co-
cultivation. Agrobacterium was inoculated on AB medium with the appropriate
antibiotics and
cultured for 3 days at 28 C. The bacteria were then collected and suspended in
liquid co-
cultivation medium to a density (0D600) of about 1. The suspension was then
transferred to a
Petri dish and the calli immersed in the suspension for 15 minutes. The callus
tissues were
15 then blotted dry on a filter paper and transferred to solidified, co-
cultivation medium and incu-
bated for 3 days in the dark at 25 C. Co-cultivated calli were grown on 2,4-D-
containing medium
for 4 weeks in the dark at 28 C in the presence of a selection agent. During
this period, rapidly
growing resistant callus islands developed. After transfer of this material to
a regeneration me-
dium and incubation in the light, the embryogenic potential was released and
shoots developed
20 in the next four to five weeks. Shoots were excised from the calli and
incubated for 2 to 3
weeks on an auxin-containing medium from which they were transferred to soil.
Hardened
shoots were grown under high humidity and short days in a greenhouse.
Approximately 35 independent TO rice transformants were generated for one
construct. The
25 primary transformants were transferred from a tissue culture chamber to
a greenhouse. After a
quantitative PCR analysis to verify copy number of the T-DNA insert, only
single copy trans-
genic plants that exhibit tolerance to the selection agent were kept for
harvest of Ti seed.
Seeds were then harvested three to five months after transplanting. The method
yielded single
locus transformants at a rate of over 50 % (Aldemita and Hodges1996, Chan et
al. 1993, Hiei et
30 al. 1994).
8.3 NEENA sequences mediate strong and tissue specific enhancement of gene
expression in
rice plants
Tissue samples were collected from the generated transgenic plants from leaves
and seeds.
35 The tissue samples were processed and analyzed as described above (cp.
example 3.3)
In comparison to the seed-specific PR00090 promoter-only NEENA-less reporter
gene con-
struct, the tested NEENA molecules (SEQ ID NO 1 and NO2) mediated strong
enhancements in
gene expression in seeds (Fig. 5a). In contrast, no significant alterations in
Luciferase activity
mediated by NEENA molecules (SEQ ID NO1 and NO2) could be detected in rice
leaves (Fig.
40 5b).
CA 3048833 2019-07-08

CA 02771253 2012-02-15
WO 2011/023539 PCT/EP2010/061661
46
Figure legends:
Fig. 1: Luciferase reporter gene expression analysis in cotyledons of stably
transformed A.
thaliana plants of NEENA-less (LJK134) and NEENA-containing constructs (LJK71
¨ LJK90)
representing putative NEENA molecules deriving from seed-preferred expressed
genes under
the control of the p-AtPXR promoter. Expression values are shown in relation
to the NEENA-
less control construct (LJK134 = 1).
Fig. 2: Bar graphs of the luciferase reporter gene activity shown as relative
light units (RLU) of
independent transgenic oilseed rape plant lines harboring NEENA-less (LJK148)
or NEENA-
containing reporter gene constructs representing NEENA molecules from seed-
preferred ex-
pressed genes (LJK156 ¨ LJK162) under the control of the p-AtPXR promoter and
after nor-
malization against the protein content of each sample. Expression values of
plants harboring
NEENA-containing constructs are shown in relation to plants expressing the
NEENA-less con-
trol construct (LJK148) (averaged values, tissues of 20 independent transgenic
plants ana-
lyzed). A) seed, B) leaf tissue, C) flowers
Fig. 3: Bar graphs of the luciferase reporter gene activity shown as relative
light units (RLU) of
independent transgenic soybean plant lines harboring NEENA-less (LJK148) or
NEENA-
containing reporter gene constructs representing NEENA molecules from seed-
preferred ex-
pressed genes (LJK156 ¨ LJK161) under the control of the p-AtPXR promoter and
after nor-
malization against the protein content of each sample. Expression values of
plants harboring
NEENA-containing constructs are shown in relation to plants expressing the
NEENA-less con-
trol construct (LJK148) (averaged values, tissues of 10 independent transgenic
plants ana-
lyzed). A) seed B) leaf tissue, C) flowers
Fig. 4: Bar graph of the luciferase reporter gene activity shown as relative
light units (RLU) of
independent transgenic maize plant lines harboring NEENA-less (RTP5679) or
NEENA-
containing reporter gene constructs representing NEENA molecules from seed-
preferred ex-
pressed genes (RTP5683 ¨ RTP5684) under the control of the p-KG86 promoter and
after nor-
malization against the protein content of each sample (averaged values,
tissues of 15 inde-
pendent transgenic plants analyzed). A) kernel, B) leaf tissue
Fig. 5: Bar graph of the luciferase reporter gene activity shown as relative
light units (RLU) of
independent transgenic rice plant lines harboring NEENA-less (CD30977) or the
NEENA-
containing reporter gene construct representing a NEENA molecule from seed-
preferred ex-
pressed genes (CD30971 ¨ CD30972) under the control of the rice PR00090
promoter and
after normalization against the protein content of each sample (averaged
values, tissues of 15
independent transgenic plants analyzed). A) seeds, B) leaf tissue.
CA 3048833 2019-07-08

47
In some aspects, embodiments of the present invention as described herein
include the following items:
Item 1. A method for production of a high expression seed-specific and/or seed-
preferential plant pro-
moter, the method comprising functionally linking a seed-specific and/or seed-
preferential promoter to
one or more nucleic acid expression enhancing nucleic acid (NEENA) molecule
heterologous to said
promoter, wherein the NEENA molecule comprises:
i) the nucleic acid sequence of SEQ ID NO: 2;
ii) a nucleic acid sequence at least 98% identical to the full length of SEQ
ID NO: 2;
wherein expression derived from the promoter, when functionally linked to the
NEENA molecule and to
.. a nucleic acid molecule to be expressed, is at least 50% higher at the RNA
level than the expression
obtained from the promoter lacking the NEENA molecule, and
wherein the NEENA molecule is functionally linked 2500 base pairs or less away
from the transcription
start site of said nucleic acid molecule to be expressed.
Item 2. A method for producing a plant or part thereof having increased seed-
specific and/or seed-
preferential expression of one or more nucleic acid molecule to be expressed,
as compared to a respec-
tive control plant or part thereof, the method comprising:
a) introducing into the plant or part thereof one or more of the NEENA
molecule as defined in item 1;
and
b) functionally linking said one or more NEENA molecule to a seed-specific
and/or seed-preferential
promoter and to a nucleic acid molecule to be expressed under the control of
said promoter,
wherein the NEENA molecule is heterologous to said nucleic acid molecule to be
expressed and is func-
tionally linked 2500 base pairs or less away from the transcription start site
of said nucleic acid molecule
to be expressed, and
.. wherein expression derived from the promoter functionally linked to the
NEENA molecule is at least 50%
higher at the RNA level than expression obtained from the promoter lacking the
NEENA molecule.
Item 3. The method of item 2 comprising:
a) introducing the one or more NEENA molecule as defined in item 1 into a
plant or part thereof;
b) integrating said one or more NEENA molecule into the genome of said plant
or part thereof whereby
said one or more NEENA molecule is functionally linked to an endogenous seed-
specific and/or seed-
preferential expressed nucleic acid molecule heterologous to said one or more
NEENA molecule; and
c) regenerating a plant or part thereof comprising said one or more NEENA
molecule from said trans-
formed plant or part thereof.
Item 4. The method of item 2 or 3 comprising:
a) providing an expression construct comprising one or more NEENA molecule as
defined in item 1
functionally linked to a seed-specific and/or seed-preferential promoter and
to one or more nucleic acid
Date Recue/Date Received 2020-11-11

48
molecule to be expressed, the latter being heterologous to said one or more
NEENA molecule and
which is under the control of said seed-specific and/or seed-preferential
promoter;
b) integrating said expression construct comprising said one or more NEENA
molecule into the genome
of said plant or part thereof; and
c) regenerating a plant or part thereof comprising said one or more expression
construct from said
transformed plant or part thereof.
Item 5. The method of any one of items 2 to 4, wherein the plant is a monocot
or dicot plant.
Item 6. The method of item 5, wherein the plant is a dicot plant.
Item 7. The method of item 5, wherein the plant is a monocot plant.
Item 8. The method of any one of items 1 to 7, wherein said one or more NEENA
molecule is functional-
.. ly linked to a seed-specific and/or seed-preferential promoter upstream of
the translational start site of
the nucleic acid molecule to be expressed, under the control of said seed-
specific and/or seed-
preferential promoter.
Item 9. The method of any one of items 1 to 8, wherein said one or more NEENA
molecule is functional-
ly linked to the seed-specific and/or seed-preferential promoter within a
5'UTR of the nucleic acid mole-
cule to be expressed under the control of said seed-specific and/or seed-
preferential promoter.
Item 10. A recombinant expression construct comprising one or more NEENA
molecule as defined in
item 1 functionally linked to one or more seed-specific and/or seed-
preferential promoter and one or
more nucleic acid molecule to be expressed, wherein both the promoter and the
nucleic acid molecule
to be expressed are heterologous to said one or more NEENA molecule, and
wherein said one or more
NEENA molecule is functionally linked 2500 base pairs or less away from the
transcription start site of
said one or more nucleic acid molecule to be expressed.
Item 11. A recombinant expression vector comprising one or more recombinant
expression construct as
defined in item 10.
Item 12. A transgenic cell comprising the recombinant expression vector as
defined in item 11 or the
recombinant expression construct as defined in item 10.
Item 13. The transgenic cell of item 12, which is a bacteria, fungi, yeast or
plant cell.
Item 14. The transgenic cell of item 13, wherein said plant cell is derived
from a dicotyledonous plant.
Date Recue/Date Received 2021-10-14

49
Item 15. The cell of item 13, wherein said plant cell is derived from a
monocotyledonous plant.
Item 16. A transgenic cell culture derived from the transgenic cell as defined
in any one of items 12 to
15, said transgenic cell culture comprising transgenic cells comprising the
recombinant expression con-
struct as defined in item 10, or the recombinant vector as defined in item 11,
stably integrated into the
genome of the transgenic cells.
Item 17. Use of the NEENA molecule as defined in item 1, the recombinant
construct as defined in item
1 0 10, or the recombinant vector as defined in item 11, for increasing
expression of said nucleic acid mole-
cule to be expressed at the RNA level in plants or parts thereof, as compared
to a corresponding nucleic
acid molecule lacking said NEENA molecule.
Item 18. Use of a transgenic cell culture, transgenic seed, transgenic plant,
parts or propagation material
1 5 derived from the transgenic cell as defined in any one of items 12 to
15, for the production of foodstuffs,
animal feeds, seeds, pharmaceuticals or fine chemicals, wherein said
transgenic cell culture, transgenic
seed, transgenic plant, parts or propagation material comprises transgenic
cells comprising, the recom-
binant expression construct as defined in item 10, or the recombinant vector
as defined in item 11, sta-
bly integrated into the genome of the transgenic cells.
Date Recue/Date Received 2021-10-14

Dessin représentatif

Désolé, le dessin représentatif concernant le document de brevet no 3048833 est introuvable.

États administratifs

2024-08-01 : Dans le cadre de la transition vers les Brevets de nouvelle génération (BNG), la base de données sur les brevets canadiens (BDBC) contient désormais un Historique d'événement plus détaillé, qui reproduit le Journal des événements de notre nouvelle solution interne.

Veuillez noter que les événements débutant par « Inactive : » se réfèrent à des événements qui ne sont plus utilisés dans notre nouvelle solution interne.

Pour une meilleure compréhension de l'état de la demande ou brevet qui figure sur cette page, la rubrique Mise en garde , et les descriptions de Brevet , Historique d'événement , Taxes périodiques et Historique des paiements devraient être consultées.

Historique d'événement

Description Date
Lettre envoyée 2024-02-12
Lettre envoyée 2023-08-11
Inactive : Octroit téléchargé 2022-10-18
Lettre envoyée 2022-10-18
Accordé par délivrance 2022-10-18
Inactive : Page couverture publiée 2022-10-17
Inactive : Taxe finale reçue 2022-08-24
Préoctroi 2022-08-24
Inactive : CIB attribuée 2022-08-19
Un avis d'acceptation est envoyé 2022-05-02
Lettre envoyée 2022-05-02
month 2022-05-02
Un avis d'acceptation est envoyé 2022-05-02
Inactive : Approuvée aux fins d'acceptation (AFA) 2022-04-26
Inactive : Q2 réussi 2022-04-26
Modification reçue - réponse à une demande de l'examinateur 2021-10-14
Modification reçue - modification volontaire 2021-10-14
Rapport d'examen 2021-06-21
Inactive : Rapport - CQ réussi 2021-06-21
Modification reçue - modification volontaire 2020-11-11
Représentant commun nommé 2020-11-07
Rapport d'examen 2020-08-05
Inactive : Rapport - Aucun CQ 2020-07-13
Modification reçue - modification volontaire 2020-07-06
Représentant commun nommé 2019-10-30
Représentant commun nommé 2019-10-30
Inactive : Page couverture publiée 2019-09-05
Lettre envoyée 2019-07-22
Lettre envoyée 2019-07-19
Lettre envoyée 2019-07-19
Exigences applicables à une demande divisionnaire - jugée conforme 2019-07-19
Inactive : CIB attribuée 2019-07-17
Inactive : CIB en 1re position 2019-07-17
Inactive : CIB attribuée 2019-07-17
Inactive : CIB attribuée 2019-07-17
Inactive : CIB attribuée 2019-07-17
Demande reçue - nationale ordinaire 2019-07-12
Demande reçue - divisionnaire 2019-07-08
Exigences pour une requête d'examen - jugée conforme 2019-07-08
LSB vérifié - pas défectueux 2019-07-08
Inactive : Listage des séquences - Reçu 2019-07-08
Toutes les exigences pour l'examen - jugée conforme 2019-07-08
Demande publiée (accessible au public) 2011-03-03

Historique d'abandonnement

Il n'y a pas d'historique d'abandonnement

Taxes périodiques

Le dernier paiement a été reçu le 2022-07-14

Avis : Si le paiement en totalité n'a pas été reçu au plus tard à la date indiquée, une taxe supplémentaire peut être imposée, soit une des taxes suivantes :

  • taxe de rétablissement ;
  • taxe pour paiement en souffrance ; ou
  • taxe additionnelle pour le renversement d'une péremption réputée.

Les taxes sur les brevets sont ajustées au 1er janvier de chaque année. Les montants ci-dessus sont les montants actuels s'ils sont reçus au plus tard le 31 décembre de l'année en cours.
Veuillez vous référer à la page web des taxes sur les brevets de l'OPIC pour voir tous les montants actuels des taxes.

Historique des taxes

Type de taxes Anniversaire Échéance Date payée
Requête d'examen - générale 2019-07-08
TM (demande, 3e anniv.) - générale 03 2013-08-12 2019-07-08
TM (demande, 4e anniv.) - générale 04 2014-08-11 2019-07-08
TM (demande, 5e anniv.) - générale 05 2015-08-11 2019-07-08
TM (demande, 6e anniv.) - générale 06 2016-08-11 2019-07-08
TM (demande, 7e anniv.) - générale 07 2017-08-11 2019-07-08
TM (demande, 8e anniv.) - générale 08 2018-08-13 2019-07-08
TM (demande, 9e anniv.) - générale 09 2019-08-12 2019-07-08
Taxe pour le dépôt - générale 2019-07-08
Enregistrement d'un document 2019-07-08
TM (demande, 2e anniv.) - générale 02 2012-08-13 2019-07-08
TM (demande, 10e anniv.) - générale 10 2020-08-11 2020-07-15
TM (demande, 11e anniv.) - générale 11 2021-08-11 2021-07-14
TM (demande, 12e anniv.) - générale 12 2022-08-11 2022-07-14
Taxe finale - générale 2022-09-02 2022-08-24
Titulaires au dossier

Les titulaires actuels et antérieures au dossier sont affichés en ordre alphabétique.

Titulaires actuels au dossier
BASF PLANT SCIENCE COMPANY GMBH
Titulaires antérieures au dossier
ELKE DUWENIG
JOSEF MARTIN KUHN
LINDA PATRICIA LOYALL
MALTE SIEBERT
Les propriétaires antérieurs qui ne figurent pas dans la liste des « Propriétaires au dossier » apparaîtront dans d'autres documents au dossier.
Documents

Pour visionner les fichiers sélectionnés, entrer le code reCAPTCHA :



Pour visualiser une image, cliquer sur un lien dans la colonne description du document (Temporairement non-disponible). Pour télécharger l'image (les images), cliquer l'une ou plusieurs cases à cocher dans la première colonne et ensuite cliquer sur le bouton "Télécharger sélection en format PDF (archive Zip)" ou le bouton "Télécharger sélection (en un fichier PDF fusionné)".

Liste des documents de brevet publiés et non publiés sur la BDBC .

Si vous avez des difficultés à accéder au contenu, veuillez communiquer avec le Centre de services à la clientèle au 1-866-997-1936, ou envoyer un courriel au Centre de service à la clientèle de l'OPIC.


Description du
Document 
Date
(yyyy-mm-dd) 
Nombre de pages   Taille de l'image (Ko) 
Description 2019-07-07 46 3 015
Abrégé 2019-07-07 1 10
Revendications 2019-07-07 3 135
Dessins 2019-07-07 5 65
Page couverture 2019-09-04 1 30
Description 2020-11-10 49 3 238
Revendications 2020-11-10 3 122
Description 2021-10-13 49 3 223
Revendications 2021-10-13 3 122
Page couverture 2022-09-20 1 33
Courtoisie - Certificat d'enregistrement (document(s) connexe(s)) 2019-07-18 1 128
Accusé de réception de la requête d'examen 2019-07-18 1 186
Courtoisie - Brevet réputé périmé 2024-03-24 1 551
Avis du commissaire - Demande jugée acceptable 2022-05-01 1 573
Avis du commissaire - Non-paiement de la taxe pour le maintien en état des droits conférés par un brevet 2023-09-21 1 541
Certificat électronique d'octroi 2022-10-17 1 2 527
Listage de séquences - Nouvelle demande 2019-07-07 2 44
Courtoisie - Certificat de dépôt pour une demande de brevet divisionnaire 2019-07-21 1 149
Modification / réponse à un rapport 2020-07-05 4 120
Demande de l'examinateur 2020-08-04 6 293
Modification / réponse à un rapport 2020-11-10 17 675
Demande de l'examinateur 2021-06-20 3 162
Modification / réponse à un rapport 2021-10-13 14 494
Taxe finale 2022-08-23 3 89

Listes de séquence biologique

Sélectionner une soumission LSB et cliquer sur le bouton "Télécharger la LSB" pour télécharger le fichier.

Si vous avez des difficultés à accéder au contenu, veuillez communiquer avec le Centre de services à la clientèle au 1-866-997-1936, ou envoyer un courriel au Centre de service à la clientèle de l'OPIC.

Soyez avisé que les fichiers avec les extensions .pep et .seq qui ont été créés par l'OPIC comme fichier de travail peuvent être incomplets et ne doivent pas être considérés comme étant des communications officielles.

Fichiers LSB

Pour visionner les fichiers sélectionnés, entrer le code reCAPTCHA :